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JOURNAL
House of Representatives
OF THE STATE OF INDIANA,
DURING THE
:Fo:E?.T'Y"-Eia-s:TX3: SESsioi>r
GENERAL ASSEMBLY,
COMMENCING WEDNESDAY, NOVEMBER 13, 1872,
s:e>eoij^l siBSSioisr.
INDIANAPOLIS :
R. J. BRIGHT, STATE PRINTER.
1872.
r-
JOURN AL
HOUSE OF REPRESENTATIVES,
SFJEZCTAIL SIESSIOlSr, 1872.
Daring the sj)ecial session of the General Assembly of the Statf
of Indiana, begun and held in the City of Indianapolis, on Wednes-
day, the 13th day of November, A. D., 1872, being the day fixed
for the meeting of the same by the following proclamation of the
Governor of the State of Indiana, calling the said special session:
PROCLAMATION.
State of Indiana,
Executive Department.
Whereas, The public welfare requires that the General Assem-
bly of the State of Indiana should be convened in special session :
Therefore, In pursuance of the constitutional ])rovision on that
subject, I, Conrad Baker, Governor of the State of Indiana, do,
by this Proclamation, call a Special Session of said General Assem-
bly, to be held at the State House, in Indianapolis, commencing at
6 •
From the county of Marion — Nathan Kimball, Edward King,
Joim J. W. Billingsley. and Edward T. Johnson.
From the counties of Miami and Wabash — Cyrus V. N. Lent.
From the county of Miami — John W. Eward.
From the counties of Morgan and Jolinson — William S. Shirley.
From the county of Morgan — Harvey Satterwhite.
From the county of Monroe — Andrew W. Reeves. ' '
From the county of Noble — Henry C. Stanley.
From the counties of Orange and Crawford — William M. Ells-
worth.
From the county of Owen — Jesse H. Reno.
From the county of Posey — James W. Whitworth,
From the county of Perry — Gabriel Sehmuck. »
From the county of Parke — John E. Woodard.
From the cousity of Pike — James Barker.
From the county of Porter — Theophilus Crumpacker,
From the counties of Putnam and Hendricks — Jesse S. Ogden.
From tlie county of Putnam — Weller B. Smith.
From the county of Rash — Benjamin F. Tingley.
Fi'om the county of Ripley — Adam G. Hover.
From the county of Randolph — Nathan T. Butts.
From the county of Shelby — Samuel D. Spellman,
From the counties of Switzerland and Ohio — Benjamin North,
From the county of Spencer — William Thompson.
From the county of Sullivan — Stewart F. Coffman.
From the counties of St. Joseph and Marshall — Joseph Plenderson.
From the county of St. Joseph — William W. Butterworth.
From the county of Steuben — Eugenius B. Glasgow.
From the county of Tippecanoe— Jame.g W. Cole and Elisha
Hollings worth.
From the county of Vanderburgh — James D. Riggs and George
Wolflin.
B^'rom the county of Vigo — Patrick H. Lee and William K.
Edwards.
From the county of Vermillion — John Gronendyke.
From the counties of White and Benton — Robert Gregory.
From the county of Wayne — William Baxter and Lewis C.
Walker. . ,;
From the county of Washington — James Rudder. : . .i- .
From the county of Warren — Richard G. Odle.
From the county of Wabash — Carey E. Cowglll,
From the county of Whitley — Cyrus B. TuUy — 97.
Mr. Furnas, of Hendricks, demanded a call of the House, which
was seconded, and the following members answered to their names,
to-wit:
Anderson,
Glasgow,
Reeder,
Baker,
Glazebrook,
Reno,
Barrett,
Goble,
Reeves,
Barker,
Goudie,
Riggs,
Baxter,
Gregory,
Richardson,
Billingsley,
Grouendyke,
Ruinsey,
Bowser,
Hatch,
Satterwhite,
Blocher,
Heller,
Schmuck,
Bran ham.
Henderson,
Scott,
Brett,
Hendrick,
Shirley,
Bus kirk.
Hollingsworth,
Smith,
Butts,
Hoyer,
Spellman,
Butterworth,
Isenhaur,
Stanley,
Broad us.
Johnson,
Shutt,
Cau thorn.
Jones,
Teter,
Clark,
Kimball,
Tingley,
Claypool,
King,
Thompson, of Spencer,
Cline,
Kirkpatrick,
Thompson, of Elkhart,
Coif man.
Len fusty.
Thayer,
Cowgill,
Lee,
Troutman,
Cobb,
Lent,
Walker,
Cole,
Martin,
Wilson, of Ripley^
Crumpacker,
Miller,
Wilson, of Jay,
Durham,
McKinney,
Willard,
Eaton,
McConnell,
Wcsner,
Edwards, of Lawrence,North,
Wolflin,
Edwards, of Vigo,
Odle,
Woollen,
Ellsworth,
Offutt,
Wood,
P3ward,
Ogden,
Woodard^
Furnas,
Peed,
Whitworth,,
GifFord,
Prentiss,
Wynn — 95.
Given,
Pfi'iramer,
Mr. Cauthorn, of Knox, moved to suspend further proceedings
under the call.
"Which was agreed to. - ,
Mr. Furcas, of Hendricks, moved that the House proceed to the
election of Speaker.
Whereupon Mr. Kimball, of Marion, nominated the Hon. Wil-
liam K. Edwards, of Vigo.
Mr. Richardson, of Carroll, nominated the Hon. Henry S.
Cauthorn, of Knox.
Those who voted for Mr. Edwards were, Messrs.
Baxter,
Billingsley,
Branham,
Butts,
Butterworth,
Broadus,
Cauthorn,
Clark,
Cobb,
Cole,
Cowgill,
Crura packer,
Edwards, of Lawr
Eward,
Furnas,
Gifford,
Glasgow,
Goudie,
Gronendyke,
Hatch,
Hendrick,
Hollingsworth,
Hoyer,
Johnson,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lee,
Lent,
ence,Miller,
North,
Odle,
Ogden,
Prentiss,
Reeves,
Riggs,
Rumsey,
Satter white,
Scott,
Tingley,
Thompson, of Spencer,
Thompson, of Elkhart,
Thayer,
Trout man.
Walker,
Wilson, of Ripley,
Wilson, of Jay,
Wesner,
Wolflin,
Woof] ,
Woodard,
Wynn — 53.
Those who voted for Mr. Cauthorn were, Messrs.
Anderson,
Buskirk,
Ellsworth,
Baker,
Claypool,
Given,
Barrett,
Cline,
Glazebrook,
Barker,
Coffmau,
Goble,
Bowser,
Durham,
Gregory,
Blocker,
Eaton,
Heller,
Brett,
Edwards,
of Vigo,
Henderson,
9;;
Isenhaur, Reein, Shutt,
Martin, Richardson, Strange,
McKimiey, Sohmuck, Teter,
McCoiniell, Shirley, Tulloy,
Otfiit, Smith, Willurd,
Peed, Spclliiian, Woollen,
Pfrimmer, Stanley, Whitworth — 43.
Reedor,
William K, Edwards having received a majority of all the votes
cast, was declared by the Clei'k duly elected Speaker of the House of
Representatives, for and during the present session of the General
Assembly, and was conducted to the chair by Messrs. Cauthorn and
Kiml)all.
Mr. Edwards was sworn into office by the Hon. Samuel H. Bus-
kirk, Chief Justice of the Supreme Court of Indiana.
Whereupon, the Speaker elect made the following address:
Gentlemen of the House of Representatives :
I thank you for the honor of this election. In assuming the
responsibilities of this position, I am fully mindful of the differences
of opinion, and the seeming conflict of interests that exist. Con-
scientious differences of opinion are the natural outgrowth, the
necessary result of free institutions. Their discussions is a measure-
ment of reason, and are to be reconciled on this floor, by courtesy
in intercourse, decorum in debate, and the observance of order. I
ask of each of you, and shall rely upon your cordial co-operation to
enable me to discharge every . duty intelligently, faithfully and
impartially.
The important subjects of legislation will be submitted to you by
the Governor, in his message, your familiarity with these and with
the views of your constituency, will enable you to act with proper
understanding.
Agricultures, manufactures, mining, and every other material
interest is prosperous, and if further legislation is needed to advance
that prosperity, it will be for you to enact that which is adequate.
TiK' system of education maintained by the Slate, whereby popular
intelligence and public virtue, the fundamental principles, the
elements of strength and security are promoted, on the idea that
10
every chikl in the State is a child of tlie State, is a primary not a
secondary interest, that commends itself to patriotic pride, to snpport
wiiich, the people of the State are more willing to be taxed, than for
any other purpose, that Indiana may not be behind any of her sister
States.
The system of benevolence, so freely and cheerfully maintained,
whereby the blind are educated, a significant language is given to
the dumb, and those who are more unfortunate as to be bereft of
reason are tenderly cared for, because they can not care for themselves,
and a home for the disabled sailor and soldier is provided, commands
the benevolent admiration of humanity.
Whatever may be the result of your deliberations, I trust it will
be to your honor, to the credit of the State, and to the will and
interest of those we represent.
Hon. Messrs. Hardesty and Mellett presented their credentials
and were duly sworn as Representatives of the General Assembly,
by Hon, Samuel H. Buskirk, Chief Justice of the Supreme Court
of Indiana.
Mr. Woodard, of Parke, moved that the House proceed to the
election of Principal Clerk.
Which was agreed to.
ISIr. Kimball nominated Cyrus T. Nixon, of Clark county,
Mr. Richardson nominated Dove E. Johnson, of Wayne county.
Those iclio voted for Mr. Nixon were, Ilessrs.
Baxter,
Billingsley,
Branham,
Butts,
Butterworth,
Broad us,
Clark,
Cobb,
Cole,
Crum packer,
Cowgill,
Furnas,
Gilford,
Glasgow,
Goudie,
Gronendyke,
Hardesty,
Hatch,
Hendrick,
Hollingsworth,
Hoyer,
Johnson,
Edwards, of Lawrence, Kimball,
Eward, King,
Kirkpatrick,
Lenfesty,
Lee,
Lent,
Mellett,
Miller,
North,
Odle,
Ogden,
Prentiss,
Reeves,
Riggs,
Rumsey,
11 '
Satterwliite, -■ Troutman, "Wolflln,
Scott, '''■■'';'. Walker, Wood,
Tingley, ■■ ■• Wilson, of Ripley, Woodard,
Thompson, of Spencer, Wilson, of Jay, Wynn,
Thompson, of Elkhart, Wesncr, Mr. Speaker — 55.
Thayer,
Those who voted for Mr. Johnson iccre, Jlessrs.
Anderson, Given, Keno,
Baker, Goble, Richardson,
Barrett, Glazebrook, Schrauek,
Barker, Gregory, Shirley,
Bowser, Heller, Smith,
Blocher, Henderson, Spellman,
Brett, Isenhaur, Stanley,
Buskirk, Jones, Schutt,
Cauthorn, Martin, Strange,
Clay pool, McKinney, Teter,
Cline, McConnell, Tulley,
Coffman, Offutt, Willard,
Durham, Peed, Woollen,
Eaton, Pfrimmer, Whitworth — 44.
Ellsworth, Rudder,
Mr. Nixon having received a majority of all the votes cast was
declared duly elected Principal Clerk ot the House of Representa-
tives.
^[r. Furnas, of Hendricks, moved that the House proceed to the
election of Assistant Clerk.
Which was agreed to.
Mr. Kimball nominated Moses G. McLain, of Marion county.
Mr. Richardson nominated George B, Tebbs, of Dearborn county.
Those ivho voted for Mr. MeLain xcere, Messrs.
Baxter,
Butts,
Clark,
Billingsly,
Butterworth,
Cobb,
Branham,
Broadus,
Cole,
12
Crum packer, King,
Cowgill, Kirkpatrick,
Edwards, of Lawreuce,Lenfesty,
Ewai'd,
Furnas,
Gifford,
Glasgow,
Goudie,
Gronendyke,
Hardesty,
Hatr-h,
Hendridv.
Hollingsworth,
Hoyer,
Johnson,
Kimball,
Lee,
Lent,
Mellett,
Miller,
North,
Odle,
Ogden,
Prentiss,
Reeves,
Riggs,
Rumsey,
Satter white,
Scott,
Tingley,
Thompson, of Spencer,
Thom])son, of Elkhart,
Thayer,
Trout man.
Walker,
Wilson, of Ripley,
Wilson, of Jay,
Wesuer,
Wolflin,
Wood,
Woodard,
Wynn,
Mr. Speaker — 55,
Those who voted for Mr. Tebbs roere, Mesars.
Anderson,
Baker,
Barrett,
Barker,
Bowser,
Blocher,
Brett,
Busk irk.
Can thorn,
Claypool,
Cline,
CofT'man,
DurhaD3,
Eaton,
Ellsworth,
Given,
Glazebrook,
Goble,
Gregory,
HeUer,'
Henderson,
Isenhaur,
Jones,
Martin,
McKinney,
MeConneil,
Ofifntt,
Peed,
Pfrimmer,
Reeder,
Reno,
Richardson,
Schmuck,
Shirley,
Smith,
Spell man,
Stanley,
Shutt,
Strange,
Teter,
Tullcy,
WillaVd,
Woollen,
Whitworth— 44.
Mr. Moses G. McLain having received a majority of all the vote.«
cast was declared by the Speaker duly elected Assistant Clerk of
the House of Representatives.
Mr. Lenfesty moved that the House proceed to the election of
Doorkeeper.
Which was agreed to.
13
Mr. Kimball, of Marion, nominated Mr. W. Thomas Lockhart,
of Hendricks county.
Mr. Richardson, of Carroll, nominated Frank M. Schell, of
Clarke county.
Those who voted for Mr. Lockhart icere, 31essrs.
Baxter,
Billingsley,
Butts,
Bran ham,
Butterworth,
Broad us,
Cowgill,
Clark,
Cobb,
Cole,
. Crumpacker,
Edwards, of La
Eward,
Furnas,
GifFord,
Glasgow,
Goudie,
Gronendyke,
Hardesty,
Hatch,
Heudrick,
Hollingsworth,
Hoyer,
Johnson,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lee,
Lent,
wrence,MeIlett,
Miller,
North,
Odle, '
Ogden,
Prentiss,
Reeves,
Riggs,
Rumsey,
Satterwhite,
Scott,
Tingley,
Thompson, of Spencer,
Thompson, of Elkhart,
Thayer,
Troutman,
Walker,
Wilson, of Ripley.
Wilson, of Jay,
W^esner,
Wolflin,
Wood,
Woodard,
Wynn,
Mr. Speaker — 55.
Those toho voted for Iflr. Schell were, Messrs.
Anderson,
Coffman,
Isenhaur,
Baker,
Durham,
Jones,
Barrett,
Eaton,
Martin,
Barker,
Ellsworth,
McKinney,
Bowser,
Given,
McConnell,
Blocher,
Glazebrook,
Offutt,
Brett,
Goble,
Peed,
Busk irk,
Gregory,
Plrimmer,
Cauthorn,
Heller,'
Reeder,
Cline,
Henderson,
Reno,
14
Richardson,
Stanley, :
Tulley, .
Schmuck,
Shutt,
Willard,
Shirley,
Strange,
Woollen,
Smith,
Teter,
Whitworth
Spell man.
-43.
Mr. W. T. Lockhart having received a majority of all the votes
cast, was declared duly elected Doorkeeper of the House of Repre-
sentatives.
Mr. Nixon, Mr. McLain and Mr. Lockhart were sworn to perform
the duties of their respective offices, by the Hon. Samuel H. Bus-
kirk, Chief Justice of the Supreme Court of the State of Indiana
Mr. Cauthorn, of Knox, offered the following resolution :
BesolvefJ, That the Clerk inform the Senate that the House has
organized by electing the following officers, to wit.:
Speaker — Hon. AVilliam K. Edwards. '
Clerk — Hon. Cyrus. T. Nixon.
Assistant Clerk — Hon. Moses G. McLain.
Doorkeeper — Hon. W. Thomas Lockhart.
And that the House is now ready to proceed with Legislative
business.
Which was adopted.
Mr. Walker, of Wayne, offered the following resolution :
Resolved, That the Speaker of the House appoint a committee ot
five members, to whom the Clerks and Doorkeeper shall report the
names and duties required of all the assistants by them appointed,
and it shall be the duty of said committee to authorize the appoint-
ment of such assistants only as are needed to report the same to the
House for its action, and no person shall have pay for his services
as such assistant unless his employment be authorized by such com-
mittee and approved by the House. No additional appointments
shall be- made without the consent of the House.
Which was adopted.
15
Mr. Furnas, of Hendricks, offered the following resolution :
Resolved, That the rules of the last House of Representatives be
adopted for the government of this until otherwise agreed upon.
Which was adopted. ,
The following message was received from the Senate, by the
Secretary thereof:
Mr. Speaker:
I am directed by the Senate to inform the House, that the Senate
has organized by the election of Hon. George W. Friedley, of
Lawrence and Monroe, as Presideet pro tern.
David H. Olive, of Boone county, as Principal Secretary.
P. H. Culver, of Tippecanoe county, as Assistant Secretary.
Theodore W. Pease, of Marion county. Doorkeeper.
And that the Senate is ready to proceed to legislative business.
Mr. Butterworth, of St. Joseph, oflPered the following resolution :
Ixesolved, That the Librarian furnish this House the rules of the
last session, if the same is in print.
Which was adopted.
Mr. Offutt, of Hancock, offered the following resolution:
Resolved, That the rules adopted for the government of the last
House of Representatives, be the rules of the House until others are
legally adopted, and that a committee of five be appointed for the
purpose of revising the rules in the government of the House, and
report on Monday next.
Which was adopted.
Whereupon the Speaker appointed the following committee,
to wit : ' ■ i ^ •
Messrs. Offutt, Kimball, Cauthorn, Henderson, Furnas.
. Mr. Satterwhite of Morgan, offered the following resolution:
16
BesolrcrJ, That a committee of three on the part of the House,
to act witli a like committee on the part of the Senate, be appointed
to iufiirm the Governor that the Special Session of the General
Assembly, ordered by proclamation of the Governor — is organized
and ready to receive any communication he may be pleased to make.
Which was adopted.
Thereupon the Speaker appointed the following committee,
to wit :
Messrs. Satterwhite, Cauthorn and Lee.
Mr. Walker of Wayne offered the following resolution :
Resolved, That a special committee of one from each Congres-
sional District be appointed, who shall fix the amount that shall be
allowed and paid to each member and officer of the House for station-
ary and postage stamps, and the number of papers to be furnished
by the House, and that said committee be requested to report by
to-morrow morning, and that all resolutions on the subject of
stationary or papers be referred to said committee without debate.
Which was adopted.
Mr. Cauthorn of Knox, offered the following resolution :
Resolved, That the daily meetings of this House shall be 9 o'clock
A. M., until otherwise ordered.
Which was adopted.
Mr. Shirley, of Morgan and Johnson, introduced Joint Resolution
No. 1.
Joint resolution of the General Assembly of Indiana.
Joint Resolution No. 1. "A joint resolution proposing an
amendment to the constitution by adding to the tenth article a
section in relation to the debt charged upon the Wabash and Erie
Canal."
Be it resolved by the General Assembly of the Slate of Indiana,
That the following amendment be, and hereby is proposed to the
17
constitution of the State, and that the same be, and is hereby agreed
to, and submitted to the electors of the State for their ratification or
rejection: Provided tlie same shall be agreed to by a majority of all
the members elected to each House of the General Assembly of this
State, to be chosen at the next geneml election. Said amendment
to consist of the addition ot the following section to the tenth article
of the constitution, in the language following :
"No law or resolution shall ever be passed by the General
Assembly of the State of Indiana that shall recognize any liability
of this State to pay or redeem any certificate of stock issued in
pursuance of an act entitled ' An act to provide for the funded debt
of the State of Indiana, and for the comjdetion of the Wabash and
Erie Canal to Evansville,' passed January 19, 1846, and an act
supplemental to said act passed January 29, 1817, which by provis-
ions of the said acts, or either of them, shall be ])ayable exclusively
from the proceeds of the canal lands, and the tolls and revenues of
the canal in said acts mentioned, and no such certificate or stocks
shall ever be paid by this State."
Resolved, further, That the foregoing joint resolution be, and the
aatae is hereby referred to the General Assembly of this State, to be
chosen at the general election to be held on the second Tuesday in
October, in the year of our Lord, one thousand eight hundred and
seventy four.
Whereas, The foregoing joint resolution was passed by the
General Assembly of the State of Indiana, at its last preceeding
eiession, begun in January, 1871.
Be it therejore resolved, By the General Assembly of the State
of Indiana, at its present session, that said proposed amendment to
the Constitution of the State of Indiana be, and the same is hereby
agreed to, and that said proposed amendment to the Constitution of
the State of Indiana, be submitted to the electors of the State of
Indiana, for their ratification or rejection, at the next general elec-
tion, to beheld on the second Tuesday in October, in the year of our
Lord one thousand eight hundred and seventy-four.
. W. S. SHIRLEY.
Mr. Hardesty moved to refer to a special committee of three.
Mr. Baxter moved to lay the resolution on the table. . n -,
H. J.— 2 '
18
Mr. Barrett and Mr. Eichardson demanded the ayes and noes.
Those who voted in the affirmative 7cere, Messrs.
Baxter,
Biliingsley,
Butter worth,
Butts,
Broadus,
Clark,
Cobb,
Cole,
Crumpaeker,
Cowgill,
Eward,
Furnas,
Giffbrd,
Glasgow,
Glazebrook,
Goudie,
Gronendyke,
Hatch,
Hdllingsworth,
Johnson,
King,
Kirkpatrick,
I^nftsty,
Lee,
Lent,
Mellett,
Miller,
McConnell,
North,
Odle,
Ogden,
Rudder,
Keeves,
Riggs,
Rumsey,
Satterwhite,
S<>ott,
Tingley,
Thompson, of Spenoer^
Troutman,
Walker, '"
Wilson, of Jay,
Wesner,
Woodard,
Wynn — 45.
Those who voted in the negative were, Messrs.
Anderson,
Baker,
Barrett,
Barker^
Bowser,
Blocher,
Brauham,
Brett,
Buskirk,
Cau thorn,
Claypool,
Cline,
Coffman,
Durham,
Eaton,
Edwards, of Law
Ellsworth,
Given,
Goble,
Gregory,
Hardesty,
Heller,
Henderson,
Hoyer,
Isenhaur,
Jones,
Kimball,
Martin,
McKinney,
Offutt,
Peed,
Prentiss,
Pfrimmer,
rencc,Reno,
Richardson,
Schmuck,
Shirley,
Smith,
Spellraan,
Stanley,
Shutt,
Strange,
Teter,
Thompson, of Elkhart,
Thayer,
Tulley,
Wilson, of Ripley,
Willard,
Wolflin,
Wood,
Whitworth,
Mr. Speaker, — 64,
The motion to lay on the table did not prevail.
19
Mr. Given, of Dearborn, moved to amend, that the resolution be
referred to a committee of one from each Congressional "District.
Which amendment was accepted, and the motion as amended
agreed to.
The following message was r«eeived from the Senate, by the Secre-
tary thereof.
Mr. Speaker: '• , ^
I am directed by the Senate to inform the House that the Senate
has appointed a committee of two, to act with a similar committee
on the part of the House to inforai His Excellency, the Governor,
that the General Assembly of the State of Indiana, is duly organ-
ized and is ready to receive whatever message he may desire to com-
municate to that body.
Said committee on the part of the Senate, consists of Senators,
Wadge and Fuller.
Mr. Kimball, of Marion, offered the following resolution :
Resolved, That Samuel W. Holmes, Clerk ; John E. Neff, Min-
ute Clerk ; and F. M. Schell, Doorkeeper of the last House, be and
are hereby allowed five days pay and mileage for organizing this
House, and that the Speaker be directed to draw his warrant on the
Auditer for the amount, to be paid out of any money which may be
hereafter appropriated for Legislative purposes.
Which was agreed to.
On motion of Mr. Branham of Jefferson, the House adjourned.
20
THURSDAY MORNING.
November 14, 1872, 9 o'clock.
House met pursuant to adjournment with the Speaker in the
chair.
Journal of yesterday read and approved.
The committee appointed on yesterday to wait upon his Excellency,
and inform him that the General Assembly is duly organized, and
is prepared to receive whatever message he may desire to communi-
cate, made the following report :
The committee to wait upon his Excellency, the Governor, would
report that they have performed that duty, and that his Excellency
has signified his readines to deliver his message, to the two House*
in joint session, at 2 o'clock this P. M.
H. SATTER WHITE,
LEE,
CAUTHORN,
Committee.
Mr. Cauthorn offered the following resolution :
EesoUed, That the Senate be invited to meet the House this
afternoon, at 2 o'clock, in joint convention, to hear such communi-
cation as his Excellency, the Governor, may see proper to make to
the General Assembly, and that seats for the Senators be furnished
on the right of the Speaker's chair, and that the Clerk inform the
Senate of the same.
Which was agreed to.
Mr. Butts offered the following resolution: ^
21
Resolved, That any elected or appointed officer of thus House, who
ehall be negligent of his duty, or be guilty of using intoxicating
drinks during the session of this House, shall forfeit his position, and
all compensation whatever thereafter; and any page who shall be
guilty of intoxication, or using profane language, shall forfeit his
position, and be dismissed by the Speaker.
Mr. Offutt moved to lay the resolution on the table.
Which was not agreed to.
The question recurring on the passage of the resolution,
The resolution was adopted.
Mr. Hardrsty offered the following reso!ut:>n:
Whereas, It has cost the State of Indiana twenty-tive dollars
per diem to carry on the postoffice of the Genei^al Assembly for the
last several sessions, Mr. Henry C Painter and Wiiliaiu M. Merwin
agree, and will enter into bond, to faithfully discharge the duties of
postmasters as aforesaid, for the sura of fifteen dollars per day.
On motion of Mr. Hardesty the resolution was referred to the
committee on employees.
Mr. Billingsby offered the following resolution :
Resolved, That the State Librarian be requested to furnish each
member of the House with a copy of the revised statutes of this
State.
Mr. Cauthorn moved to amend by adding "that they be required
to return them at the close of the session."
Which was agreed to.
The question recurring on the resolution so amended,
It was agreed to,
Mr. Clark offered the following resolution :
Resolved, That this House will spend a time not exceeding ten
22
minutes in divine worship, each morning on assembling, before
attending to any other business.
Which was agreed to.
Mr, Walker offered the following resolution :
Resolved^ That the thanks of the House be tendered to the Hon.
8. H, Buskirk, of the Supreme Court, and the officers of the last
House, for their services in the organization of this House.
Which was agreed to.
Mr. Mellett introduced
House Bill No. 1. An act amending the constitution and chang-
ing the time of holding general elections from the second Tuesday
in October to the Tuasday next following the first Monday in
November.
Which was read a first time and passed to a second reading.
Mr. Peed introduced
House Bill No. 2. An act to fix the time of holding courts in the
Third Judicial Circuit, the duration of the terms thereof, and declar-
ing when this act shall take effect, and repealing all laws inconsist-
ent therewith.
Which was read a first time.
Mr. Butterworth introduced
House Bill No. 3. An act to repeal " An act for the construction
of levees, dykes and drains by incorporated companies and associa-
tions," which took effect May 22, 1869, and also to repeal an act
supplemental thereto, approved February 23, 1871.
Which was read a first time.
Mr. Hatch introduced
House Bill No. 4. A bill to repeal an act entitled " An act to
authorize and encourage the construction of levees, dykes and drains.
23
and the reclamation of wet and overflowed lands by incorporated
companies, and to repeal all former laws relating to the same sub-
ject," which act took effect May 22d, 1 869 ; and also to repeal an
act entitled, " An act supplemental to an act entitled An act to
authorize and encourage the construction of levees, dykes and drains,
and the reclamation of wet and overflowed lands by incorporated
companies, and to repeal all former laws relating to the same sub-
ject, which act took effecfc May 22d, 1869, and providing penalties
for the violation of the provisions thereof," which supplemental act
was approved February 23d, 1871.
Which was I'ead a first time.
Mr. Glazebrook offered the following resolution :
Resolved, That the State Librarian be and is hereby required to
hereafter furnish the desk of each member of the House daily with
a printed calendar of bills then pending, stating by whom intro-
duced, together with the exact title of the same.
Which was not agreed to.
Mr. Shirley introduced
House Bill No. 5. An act to amend an act entitled, " An act to
exempt property from sale in certain cases," approved February 17,
1852.
Which was read a first time.
On motion of Mr. Branham,
The House adjourned until 2 o'clock p. m.
AFTERNOON SESSION.
The House met at 2 o'clock, with the Speaker in the chair.
Leave of absence granted to Mr. Wesner until Monday.
24-
Th"- Speaker announced the following committee on employes:
Messrs. Walker, Johnson, Eaton, Woodard and Ogdeu.
JOI^'T CO^'YENTIOX.
The Senate then in pursuance of the invitation of the HousBy
came into the hall of the House preceded by the President of the
Senate, when the joint session was calltd to order by the President
of the Senate.
Mr. Brown of Jackson moved tliat a committee of three be
appointee! to \Aait upon His Excellency and inform him that the
joint convention was now in session and ready to receive any com-
munication that he migtit desire to make.
Which motion prevailed.
The President appointed the following committee :
Senator Br»>wn of Jackson; Representatives Oauthorn and
King.
The President then said : "
Gentlemen of the Senate and House of Representatives.
We have assembled in joint convention for the purpose of hearing
the message of the Governor.
The President then introduced the Rev. Mr. Kumler, who opened
the joint convention with prayer, whereupon His Excellency, Gov-
ernor Conrad Baker, delivered the following message :
Gentlemen of ike Senate and House of Representatives :
The growth of the State in population and wealth, and the con-
sequent increased diversity and importance of the subjects and inter-
ests requiring legislative supervision and protection, render it
impracticable for the General Assembly to transact all the business
demanding its attention during its regular biennial sessions (limited
as these are by the Constitution to the term of sixty-one days each),
,- "25
even when nothing extraordinary occnrs to impede and prevent
legislation. Wlien, however, to these considerations the fact is
added, tliat the last three sessions were all prematuroly and ahntptly
terminated by the resignation of members, and by reason thereof
much in:iportant and necessary legislation failed to be enacted, no
other reason need be offered in explanation of tlie exercise of the
Constitutional power of calling you together at tli is time in sj'iccial
Bession.
/
COMPLETION OF UBTFINISHED BUSINESS OF ONE SESSION BY
ANOTHER.
The act of March 4, 1865, entitled " An act providing for the
conipletion of the unfinished business of any session of the General
Assembly by the next succeeding special seshion of the same Gen-
eral Asserol)]y," ought to be promptly amended. As it now stands,
the unfinished business of any regular or special session which \3
succeeded. by a special session of the same General Assembly may
be taken up and completed by such special session ; but, when a
special session is succeeded by a regular session of the same General
Assembly, there is no provision that the latter may take up and
complete the business of the former. This amendment is necessary
to enable you at your approaching regular session to complete the
business which may be left in an unfinished condition at the close
of the present session.
THE GARRETT SUIT AGAINST THE WABASH AND ERIE CANAL.
Those of you who were members of the last General Assembly will
remember that in my regular message, delivered at the commence-
ment of that session, I called especial attention to the fact that a
suit had been commenced in the Circuit Court of Carroll county, by
John W. Garrett, Esq., to enforce against the Wabash and Erie
Canal an alleged lien, created by the State prior to 1841, and held
by Garrett and others, for whose benefit the suit is brought.
The State, between the years 1834 vind 1841, issued a large num-
ber of bonds f^r internal improvement purposes. One hundred and
ninety-one of these bonds, or thereabouts, of $1,000 each, exclusive
of interest, are still outstanding, the rest having been surrendered
under the legislation of 1846 and 1847, commonly called the " But-
ler Bill."
26
Mr. Garrett assumes to be, and I suppose is, the holder of forty-
one of these one hundred and niuety-one old bonds, and he sues for
himself as well as for the holders of the residue, to enforce a lien
on the Canal and its revenues, which, it is alleged, was created by
the legislation under which the bonds were issued.
Hon. Horace P. Biddle, Judge ol the Court, on the hearing of a
demurrer in the cause, decided that the bonds were a lien on the
Canal paramount to the title of the Trustees, derived from the State
in 1847 under ihe'^Kutler Bill," and I am fully satisfied that the
decision was a correct one. Garrett's action has been removed by a
change of venue from the Circuit Court of Carroll county to the
Circuit Court of Cass county, where it is now pending. The term
of the Cass Circuit Court commenced two days ago, viz.: on the 11th
instant, and a judgment may be rendered in a very short time, sub-
jecting the Canal or its revenues to the satisfaction of the claim.
The State is not a party to the suit and can not, therefore, exercise
tlie right of appeal, nor can she, under existing legislation, insist
that the Trustees shall appeal if they do not desire to do so ; and if
even the Trustees should desire to appeal, they might not be able to
stay the execution of the judgment by giving the necessary appeal
bond and security in the absence of any provision by the State for
indemnifying the feuretien in the appeal bond. Under these circum-
stances, it is of the highest moment that the subject should receive
immediate consideration by you.
I quote from my last regular message the following extracts as
■expressive of my present views on the subject :
^' If these bonds are a lien on the Wabash and Erie Canal, as I
believe them to be, the State can not afford to permit the title of the
Trustees to be divested or their possession and control of the Canal
and its revenues to be interrupted by the judicial enforcement of
Baid lien. To prevent this, provisions should be made to pay out of
the treasury of tiie State such of said one hundred and ninety-one
bonds as may be adjudged to be a lien on the Canal and its revenues
whenever it may become necessary to make such payment in order
to prevent the Canal or its revenue from being subjected to the
satisfaction of the lien. Indeed, independently of this lien alto-
gether, I do not see how the State can honorably refuse to redeem
these few outstanding Internal Improvement Bonds. They were
issued by the State, and the faith of the State was pledged for their
redemption, and this pledge can not be disregarded or set a^ide
without the consent of both parties to the contract, if the State has
27
lie ability to redeem the pledge, of which there can be no doubt.
If the holders of the bonds had surrendered them under the Butler
Bill, as other holders surrendered theirs, and agreed to look exclu-
sively to the revenues of the Canal for one-half of their debt, this
would have been a new contract, and the State could not be justly
complained of for insisting on its execution. But the holders of
the bonds now under consideration have continuously refused to
surrender them under the adjustment proposed by the Butler Bill,
and the State can not compel them to do so, nor can she refuse to
pay them without repudiating her plighted faith.
"If the State should stand by and permit the Canal or its reve-
nues to be wrested from the hands of the Canal Trustees, to satisfy
a paramount lien created by the State itself prior to the conveyance
of the Canal to said Trustees, then, indeed, might the holders of the
Canal stocks, with some show of reason, claim that the State should
redeem the many millions of dollars of Canal stocks, vvhich, under
the existing arrangement, are exclusively charged upon the Canal,
and for which the State is in no way bouud.
'' I hope that you will promptly adopt such measures as will forever
prevent the possibitity of the trust being disturbed or impaired by
the enforcement of this lien. It is both right and expedient that
the State should thus protect the trust property, and I also recom-
mend that the State relieve the Board of Cunal Trustees from all
the expenses of the litigation to which they have been or may be sub-
jected to in defending the trust property from the attempt made to
subject it to the satisfaction of said lien.''
Sixty-nine of these one hundred and ninety-one old bunds are
held by the Interior Department of the General Government, and I
herewith respectfully submit to you a copy of an official communi-
cation written to me under date March 25, 1872, by Hon. Columbus
Delano, Secretary of that Department, in relation to the unpaid
interest due on the sixty-nine bonds last mentioned.
CONSTITUTIONAL AMENDMENT IN RELATION TO CANAL DEBT.
The last General Assembly passed a joint resolution proposing an
amendment to the Constitution of this State in relation to the debt
charged upon the Wabash and Erie Canal under the adjustment
made by the State with her creditors in 1847.
The proposed amendment provides that no law or resolution shall
evor be passed by the General Assembly of the State of Indiana that
28
shall recognize any liability of the State to pay or redeem any certi-
ficate of stock issued in pursuance of " An act to provide for the
funded debt ot the State ot Indiana, and for the completion of the
"Wa'uish and Erie Canal to Evansville," passed January 19th, 1846,
and an act sup[>leniental to said act, passed January 29th, 1847,
which, by the ])rovisions of the said acts, or either of thera, shall be
payable exclusively from the proceeds of the Canal lands, and the
tolls and revenues of the Canal in said acts mentioned, and no such
certiticate of stocks shall ever be paid by this State. I earnestly
recommend tlrat the amendment, the substance of which I have just
stated, be prom]>tly ogreeed to and adopted by the present General
Assembly at this session, and that provision be made by law for
its speedy submission to the people for ratification. Having hereto-
fore so fully discussed the cpiestion involved in the proposed amend-
ment, I do not deem it expedient or necessary now to reiterate my
opinions or the arguments urged in support of them, but content
myself by saying, tliat the views expressed in my last regular message
on the subject of the Canal debt, and the necessity and propriety of
such an amendnient to the Constitution, remain unchanged. To
the end that these views may be conveniently accessible to all of
you, I will cause a pamphlet copy of the message alluded to, to be
addressed and delivered to every member of this General Assembly.
The fact was brought to my notice some time since that the printed
journals of the Senate and House of Representatives of the last
General Assembly do not show that the proposed amendment, with
the yeas and nays thereon, was entered on the Journal of either
House, and consequently, doubt has been expressed as to the validity
of the proceedings connected with its adoption.
The Constitution provides that amendments may be proposed in
either branch of the General Assembly, and if the same shall be
agreed to by a majority of the members elected to each of the two
Houses, such proposed amendment or amendaients, shall, with the
yeas and nays tliereon, be entered on their Journals and referred to
the General Assembly to be chosen at the next general election ;
and if in the General Assembly so next chosen, .such proposed amend-
ment or amendments shall be agreed to by a majority of all the
members elected to each House, then it shall be the duty of the
General Assembly to submit such amendment or amendments to the
electors, etc. An inspection of the printed journals will show that
the yeas and nays were called and recorded on the passage of the
joint resolution in both Houses; that it passed the Senate by a vote
: 29
of forty-five yeas to one nay ; that it passed the House by a unani-
mous vote, ninety-three members voting for, and none against it.
The Joint Resolution was duly enrolled, signed by the President of
the Senate, and the Speaker of the House of Representatives, and is
deposited in the office of the Secretary of State, and was printt^d and
published with the laws passed at the satne se.'^sion. Under these
circumstances, I am clear in the opinion that the omission to spread
the amendment at large on the Journals does not vitiate it. The
provision which says thatthe amendment shall be entered on the Jour-
nals, if indeed it means that it shall be copied at full length, is at
most only directory and not nianchitory, and consequently the
amendment, if passed by the present General Assembly and ratified
by the people, will be valid as a part of the Constitution.
In this connection, I desire to call attention to the fact that the
original manuscript journals of the Senate and House of Represent-
atives are not preserved, but are sent to the Public Printer and used
as copy from which to print, and then destroyed. The journals are
printed after the adjournment of the General Assenably under tne
supervision of the Secretary of the Senate and the Clerk of the
House respectively, and as the original manuscript is destroyed after
the proof is read, there is no possible means of detecting or correct-
ing any omission or mistake which might be made in the printed
volume, I respectfully suggest that this practice ought to be dis-
continued, and that theoriginal manuscrif)t Journals should be bound
in permanent form and preserved in the office of the Secretary of
State, and copies thereof furnished to the printer,
THE LATE XORMAN EDDY.
On the 28th day of January of the present year, Colonel Norman
Eddy, Secretary of State, departed this life at his residence in this
city, after having faithfully [)erformed the duties of that office for
about one year, or half the term for which he was elected. The
singular beauty and integrity of Col. Eddy's public and private life,
his g-<dlant services as a soldier of the Union in the war to suppress
the late rebellion, and the industry, fidelity and skill with which he
performed the duties of the many public trusts to which he was
called, render it fitting that 1 should leave on record this brief
tribute to his memory. He died in circumstances by no means
affluent, and Col. John H. Farquhar, whom I appointed to fill the
vacancy, appointed Mr. Owen M. Eddy, son of the deceased Secre-
30
tary, his deputy, and generously allowed the entire salary and all the
perquisites of the office to go to the widow and family of his de-
ceased predecessor. Although the labors of the office have been
mainly performed by the deputy, its responsibilities and some of its
cares and duties, have necessarily fallen upon Col. Farquhar, and I
would consider myself remiss in duty if I did not thus publicly
express my grateful appreciation of his conduct. May the bread
which he has thus cast upon the waters be iound by him or his,
though it should be after many days.
FEES AND SALARIES.
The act of February 21, 1871, entitled "An act regulating the
fees, salaries and duties of certain officers therein named, and pre-
scribing prnalties for the violation of its provisions,'' has proved to
be a very defective and ill-considered piece of legislation. Some of
the provisions of the act are of such doubtful constitutionality that
a portion of the Circuit and Common Pleas Judges have held them
to be null and void, while the Judges of other circuits and districts
have adjudged the same provisions to be constitutional. The Judges
of the Supreme Court itself are equally divided on one or more of
these questions, and therefore unable to reverse conflicting and con-
tradictory decisions of the lower courts. The result is not ©nly that
we have all the evils of local legislation by having one law or rule
of action in one county or circuit, and another law or rule of action
in the adjoining county or circuit, but diverse rulers prevail in the
same county where the Judges of the courts thereof differ in opinion
as to the constitutionality of certain provisions of the act. This evil
is even greater than the extortions that were practiced under the
former law, and if a satisfactory fee and salary bill, of unquestiona-
ble constitutionality, can not be perfected and passed at the present
session, it would be better to repeal the act alluded to and revive
the old law which was supplant^'d by it, than to suffer longer under
existing evils. There can be no question that the former law needed
revision, and its revival would only be justified as a temporary expe-
dient, until a just, constitutional and satisfactory measure can be
perfected and passed. I respectfully recommend that a commission
to consist of five or more experienced and compptent persons be
appointed with the least practicable delay, to prepare and report a
fee and salary bill to the General Assembly for its consideration at
the approaching regular session. The fiict that the Judges of the
31
Supreme Court are equally divided an to the constitutionality of
some of the pr ivisions- of the present fee l)i!l shows the necessity of
having an odd instead of an even number of Jndtres on the bench
of that Court. I, therefore, for this and other reasons, renew tlie
recommendation made at the last session of the General Asseniblyj
that provision be made fir the addition of anotlier Judge to the
bench of tlie Supreme Court, so that the whole number of Judges
shall be five instead of four. 1 also earnestly repeat the recom-
mendation that the Judges of that court be allowed sjilaries com-
mensurate with the dignity of their positions, and the learning and
industry necessary for the performance of the duties of th<-se posi-
tions. As I shall never again have a personal interest in the Gov-
ernor's salary, I may now also be permitted to speak on that subject.
For the credit of the State, and in justice to my successors, imme-
diate and remote, I trust you will, before the commencement of the
term of the Governor elect, provide a fixed and adequate salary foi
the office. If this matter is not attended to at this session, or before
ray successor shall have assumed the duties of the office, it can not
be during his encumbency. The sum allowed should be fixed by the
law-making power, but should be in the alternative; that is, so
much as long-as the State does not provide the Governor with a fur-
nished residence, and a less sum if such a furnished residence is
provided, and kept furnished and in repair by the State, 1 do not
hesitate, after an exjjerience of nearly six years, to say that if the
Governor shall be required to provide his own residenc^e, furnish it,
and keep it in repair, eight thousand dollars per anniim is as small
a SHm as should be contemplated; and if a furnished dwelling is
provided by the State, the salary ought not to be less than five
thousaud dollars. I trust that no one upon whom the people may
hereafter confer the office will be subjected to the annoyance which
I have bufi'ered in this connection.
CONSTITUTIONAL CONVEJ^TION.
It is now more than twenty-one years since the present Constitution
became the fundamental law of Indiana, and in my judgment the time
has come when tke best interests of the State require that provision
yhould be made for calling a convention to be elected by the people,,
for the purpose of revising and amending that instrument.
The thirteenth article, and all the other provisions of our Consti-
tution which sought to degrade men and pat them under the public
32
ban because the complexion of their skins did not happen to con-
form to the approved Caucasian standard, are a reproach to the
State, and ought to be stricken out by coinmand of the sovereign
people themselves. It is true that these jirovisions are now a dead
letter, but they are still in the Consticution, and printed with it
every time a new edition of that instrument is published, the stand-
ing witness of our ignorunce of, or indifference to human rights,
until God scourged us into their recognition by the dread calamity
of civil war. Under the Constitution as it now is, it is impossible
to have an election law^ that will be efficient in preventing fraudu-
lent voting. As long as the Constitution neither prescribes nor
allows the Legislature to prescribe some term of previous residence,
in the county, township, or precinct, as a pre- requisite to the exer-
cise of the right of suffrage, all efforts to prevent the importation of
fraudulent voters must be nugatory. The Constitution itself ought
to prescribe some term of residence in the proper locality as a con-
'flit ion "precedent to the right to vote.
There is little ground of hope that our judicial system will be
reformed and adapted to the wants of the people until the Constitution
shall itself have been remodeled, and it would require the exercise of
superior ingenuity to devise a worse judicial system than that under
which we now suffer. There is at prtr'sent a great demand for civil
service reform in the General Government, and in reference thereto, I
join in the hope that the hand of reform may not be stayed until the
nearest approach to perfection possible in human affairs shall have
been attained. I think, however, that the civil service of the State
is not vSo perfect as to justify us in giving all our attention to that of
the country at large. The management of our Benevolent, Reform-
atory and Penal Institutions is liable to be revolutionized by the
triumph of this party or that at any general election. This ought
not so to be, and there can be no effectual remedy without an amend-
ment to the Constitution. The directors or managers of these in-
stitutions should hold for longer olHcial terms than the Legislature
is permitted to create, and a portion of them should go out every
year, or every two years, so that the government thereof would be
raised above the mutations of mere party and the requisite experi-
ence would always be preserved.
The Judges of the Supreme Court, too, are all elected at the same
time and for the same terra of years, and always succeed as the
nominees of a political party. The tendency of this is to make the
judges partisans, and the fact that every sixth year the bench may
33
he poiitically revolutionized, creates a temptation on the part of .the
successful candidates to attempt to secure favor with their party by
undoing much of what their politically heterodox predecessors have
done. That in point of fact, we have had so little of this to com-
plain of, is greatly to the credit of the judges who have from time
to time succeeded to the bench, but the system itself is none the less
vicious. If the judiciary ought to be elected by the people at all, a
proposition, by the way, which I do not think experience has sanc-
tioned, a portion only of the judges of the Supreme Court should
retire and their successors he elected at the same time, so that the
probabilities of the existence of a partisari bench would be dimin-
ished, and so that the Court would never be without judges of ex-
perience and familiar with the duties of the particular position.
If this General Assembly should see proper to provide for calling
a Constitutional Convention, I do not thing it should, on that
account, omit to adopt and submit to the people for ratification, the
pending amendment in relation to the canal debt. Let that amend-
ment by all means be adopted, and it can be submitted, without ad-
ditional expense to the people, for ratification at the same election at
which the delegates to the Convention shall be chosen, and if it is
ratified, as assuredly it will, the popular vote ratifying it will be
an imperative instructiou to the Convention to put a similar pro-
vision in the revised Constitution. Besides this, the pending amend-
ment, if thus adopted and ratified, would bind the Legislature until
the new Constitution shall have been approved by the people, and
also provide against the possible contingency of the Convention
framing such a Constitution as the people might reject.
ADDITIONAL PROVISIONS FOR THE INSANE.
The Indiana Hospital for the Insane has a capacity fiar about 490
patients, although by crowding it 520 patients have been in the
institution at the same time. Experience proves that it ought not
to be thus crowded. By making the additions and improvements
suggested by the Superintendent in his report, the capacity of the
institution can be so enlarged as to accomodate 600 patients, that
being an addition to the present capacity of the buildings of rooms
sufficient for 110 patients. The estimated costs of these additions
and improvements is |50,000, a much less sum than would provide
for the same number of patients in the erection of a new institution.
For this reason, and because of the pressing necessity for increased
H. J.— 3
3-i
accommodations for the insane, I urgently recommend that an ap-
propriation of the sum named above be made at the present session,
and with as little delay as practicable, so that the capacity of the
Hospital may be increased at the earliest possible day. By doing
this, however, the State will not have performed her duty to the
insane within her borders. When the capacity of the present Hos-
pital shall have been increased so as to accommodate (300 patients,
there will undoubtedly be 1,000 insane persons within the State who
.ought to have the care and treatment afforded by such an institution,
still unprovided for. To properly provide for these, the State needs-
two other Hospitals, each having a capacity for the accommodation
of at least 500 patients. The State should be divided into three
Hospital districts, viz.: a central, a northern and a southern. One
new Hospital should be established as near the center of the north-
ern and another as near the center of the southern district as may
be found practicable. The State of Ohio already has five such insti-
tutions. To erect, furnish and equip two additional Hospitals for
the Insane, each having a caprcity for 500 patients, will cost about
$1,000,000; but our people can better afford to furnish this amount
within the next three years than they can allow the State to fall be-
hind her sister States in providing for this unfortunate class of her
citizens. The idea that those who are supposed to be incurably in-
sane should be provided for in separate institutions has been ex-
ploded by expeinence, and I trust will find no favor in the action
w^hich you may take on the subject. At least one new Hospital
should be erected as soon as possible, and provision for all the insane
who need care and treatment should be secured at no distant day.
TIPPECANOE BATTLE GROUND.
The Constitution of Indiana declares, that it shall be the duty of
the General Assembly to provide for the permanent enclosure and
preservation of the Tippecanoe Battle Ground. Allow me to call
your attention to the fact that this duty has never been performed by
your predecessors. The Battle Ground never was permanently
inclosed by the State, and the temporary fence by which it was once
surrounded has long since disappeared. It is the property of the
State, and full of historic iuterest,, and as the people have enjoined
in their Coustitution that it shall be permanently inclosed and pre-
served, I can imagine no valid excuse for a failure to obey this
injunction.
35.
TREATY OF WASHINGTON. :
By the Twenty-seventh Article of the Treaty of Washington,
concluded between the United States and Great Britain May 8, 1871,
the Government of Her Britannic Majesty engages to urge upon the
Government of the Dominion of Canada to secure to the citizens of
the United States the use of the Welland, St. Lawrence and other
canals in the Dominion, on terms of equality with the inhabitants of
the Dominion ; and the Government of the United States engages
that the subjects of Her Britannic Majesty shall enjoy the use of the
St. Clair Flats Canal on terms of equality wiith the inhabitants of
the United States ; and further engages to urge upon the State Gov-
ernments to secure to the subjects of Her Britannic Majesty the use
of the several State canals connected with the navigation of the
lakes or rivers traversed by or contiguous to the boundary line
between the possessions of the high contracting parties, on terms of
equality with the inhabitants of the United States.
I herewith respectfully submit for your consideration a copy of an
official communication from the President of the United States to
myself, calling attention to the provisions of the above mentioned
articles of said Treaty, and urging upon the State Government of
this State to secure to the subjects of Her Britannic Majesty the use
of the State canals within the State of Indiana connected with the
navigation of the lakes and rivers traversed by or contiguous to the
boundary line between the possessions of the United States and
those of Her Britannic Majesty in North America, on terms of
equality with the inhabitants of the United States.
I commend the subject to your careful attention, in the hope that
it may be found practicable to adopt such legislation as will accom-
plish the object suggested by the President in said communication.
HOUSE OF KEFXJOE,
The House of Refuge, near Plainfield, has been very successful
in performing the good work for "which it was established, although
it has had to encounter many obstacles. For some three years it
hr.3 had two hundred or more inmates, but the appropriations for its
current expenses was rciade upon the basis, and intended for the
support of but a few more than half that number. At the com-
mencement of the last session of the Legislature a debt of §10,000
for borrowed money, was accrued, owing to the deficiency in the
36
appropriations, aud this debt has since been added to until it now
amounts to ^18,881. Besides this loan, the institution is indebted
to supplies to the amount of about $3,500, making a total indebted-
ness of |22, 881. It will require about |4,000 to meet the expenses
of the institution up to the first day of April next, the end of its
fiscal year. I therefore ask that an appropriation of $26,881 be
made to this institution with the least practicable delay, to enable it
to discharge the present indebtedness and defray current expenses to
the end of the fiscal year. I herewith respectfully submit a special
report of the Board of Control of the House of Eefuge, in which
the foregoing matters are more fully explained. Provision should
also be made to enlarge the institution so as to double its present
cipacity. The eleventh section of the act creating the institution
ought to be repealed. That section authorizes the sentencing of boys
to the House of Refuge for any determined period, not extending
beyond the time when they shall attain the age of twenty-one years.
No one can judge in advance how long it will require to reform any
particular juvenile delinquent, and hence the impropriety of a sen-
tence for a definite period. If a boy is thus sentenced he must be
discharged at^the end of the term for which he was sentenced, although
his reformation may have but fairly commenced. Every boy who
is thus discharged before his reformation is completed is almost sure
to relapse into his former vicious courses, and therefore is not bene-
fited himself, but reflects discredit upon the institution and tends to
impair the public confidence in its efficiency. Besides tbis, any juve-
nile offender may under other sections of the act be committed to
the guardianship of the institution until he attains the age of twenty-
one years, unless sooner discharged as reformed, without having a
record of conviction of crime made against him, and there is there-
fore no necessity for the section above mentioned. The law govern-
ing the admission of boys to the institution should also be so changed
as not to allow those under the age of nine or over the age of
sixteen years to be committed to its guardianship. The institution
is not a prison, aud is not therefore a proper place for the pun-
ishment of young men convicted of crimes ; nor should it be con-
verted into a nursery for quite small children. If even the maxi-
mum age shall be reduced from eighteen to sixteen years, as I
have suggested, still it may be expected that, by fraudulent repre-
sentations as to the age of delinquents, boys will be sent to the
institution who have passed the proper age ; but as it now is, some
young men over the age of twenty-one years are, through false
representations as to their ages, committed to the Plouse of Ref-
uge to save them from being sent to the Penitentiary. This is
highly injurious to the institution and detrimental to the best inter-
ests of its younger inmates. We ought to have a prison interme-
diate between the House of Refuge and the Penitentiary, but the
House of Refuge can not perform the functions of such a prison.
If the House of Refuge should be enlarged so as to double its
capacity it would still be unable to receive all the boys who require
the reforming influence of such an establishment. A few of the
larger cities of the State would furnish' boys enough to fill such an
institution. In view of this, the larger cities of the State should
not only be empowered, but encouraged to establish similar institu-
tions. The Board of Commissioners of the counties in which such
cities are located might, with propriety, be authorized to join with
the city authorities in their establishment, and the State could, in
my judgment, well afford to contribute a part of the funds neces-
sary to defray the current expenses of such institutions after they
shall have been established by the local authorities.
soldiers' home.
Since the termination of last session of the General Assembly,
the old wooden buildings belonging to the Soldier's Home near
Knightstown, were destroyed by fire. They were at the time of
the fire occupied as quarters for disabled soldiers then connected
with the institution, the new brick building being then and still occu-
pied by the soldiers' orphans who have been admitted to the Home.
In consequence of the fire all the soldiers who were willing to go to
the National Soldiers' Home, near Dayton, Ohio,' were sent to tliat
institution, and those who were' unwilling to go there, were, in
accordance with their own preferences, discharged. Since then the
Home has been exclusively for the care of the orphan children of
soldiers. It is inexpedient and unnecessary to rebuild the soldiers'
department of the Home, and the act creating the institution should
therefore be so far modified as to sanction the change in the character
of the institution caused by the destruction of the soldiers' quarters.
It would be good policy as well as sound economy in my opinion to
provide for increasing the quantity of land connected with the
institution and for increasing the work shops which may be necessary
to utilize the labor of the children and impart to them at the same
time industrious habits.
38
Up to this time the number of soldiers' orphans applying for and
entitled to admission, has equalled or excee.ded the capacity of the
institution, but the probabilities are that the time will soon come
when the number of soldiers' orphans entitled to admission will be
so reduced as to permit the admission of other indigent children.
In anticipation of this, I think provision should be made by law
for the admission of children from the county as^dums of the several
counties wherever such can be admitted without excluding any of
the class of orphan children now entitled to its benefits. When the
property shall no longer be required as a home for soldiers'
orphans, it will be well adapted to and much needed for, an Indus-
trial Reform School, somewhat different in character from the
House of Ref :ge. Such a school, in which the waifs of society
should be collected and cared for before they become delinquents,
would be a blessing to the State and cut off one of the sources
through which the criminal classes of our people are increased.
THE STATE N0E2IAT. SCHOOL.
The State Normal School has been embarrassed for the want of
the means necessary to carry on its operations. A loan of $4,000
became an imperative uecessity, and was made. I believe there is
some other floating debt which ought to be lic|uidated without delay.
I trust the necessary appropriation will be promptly made.
THE INSTITUTION FOE THE EDUCATION OF THE BLIND.
For four years or more, there has been a pressing necessity for the
enlargement of the Institution for the Education of the Blind, the
increase of this class of our popul^ation being such that the present
building has become too small to accommodate all who are entitled
to the benefits of the institution. The estimates made prior to the
meeting of the last Legislature, stated $65,000 as the amount neces-
sary to make this enlargement, I believe these estimates were correct,
and earnestly recommend that such an appropriation be made without
delay.
THE INDIANA REFOKMATORY INSTITUTE FOR WOMEN AND GIRLS.
The building for this much needed institution has remained in an
unfinished condition for the last two years, no appropriation having
been made to complete it. It is highly important that the buildjng
, . 39
sliould be speedily completed and furnislied, to the end that the
female prisoners now in the State Prison at Jeffersonville should be
removed thei'eto, pursuant to the requirements of the act for the
establishment of the institution. It is also highly important, that
the reformatory department of the institution should be open for the
reception of girls at the earliest practicable period.
There is an existing indebtedness of about |'20,000, contracted in
the erection of the building, and I trust that an appropriation will
be made to pay this, and also to complete and furnish the building,
fence the grounds, and put the institution in operation.
STATE PRISON SOUTH.
I herewith respectfully submit the annual report of the Directors
and Warden of the State Prison South. 1 hope that the indebtedness
of the prison mentioned in this report, which was necessarily and un-
avoidably incurred, may be speedily provided for. The contracts for
the labor of the convicts have four yeai's to run from the 1st day of
January next, and in my opinion there should be no extension of
these contracts, but steps should be taken looking to the abandonment
of this prison by the time the present contracts expire. The prison
buildings are old, dilapidated, and not well adapted to the purposes
for which they are used. The cells are too small, and to continue the
prison will necessitate expenditures for repairs to such an extent as
to render it better economy to provide a new prison of a milder grade
than the one now under consideration. In my opinion, one prison
of this grade is sufficient for the State, and the one at Michigan City,
being a new and a good one, should be retained and the one at Jeffer-
sonville abandoned. There should be graded prisons and a classifi-
cation of prisoners. To eftect this there should be substituted for
the Prison South, a prison of milder type, intermediate between the
House of Refuse and the State Prison at Michigan City. To this
milder prison, young men too old for the House of Refuge, and older
persons who have been overtaken by a first ofi'ense under mitigating
circumstances, should be sent, so that such offenders may not be
associated or put on an equality with professional criminals. If such
a prison should be established, provision should be made for the
transfer of incorrigible prisoners, who may evince a determination
not to reform, to the State Prison at Michigan City, and power should
also be lodged somewhere, to transfer prisoners who give satisfactory
evidence of reformation, from the penitentiary to the intermediate
40
prison. Such last mentioned transfers might be probationary in their
character, and revocable if the prisoner ceased to deserve the favor
shown him. Prisoners even of the worst classes are still human
beings, governed by the same motives which influence others, and
with the proper care and ])roper appliances, I am satisfied that a ma-
jority of them, instead of being made worse by their imprisonment,
can be restored to their lost manhood.
The Constitution declares that " the penal code shall be founded
on principles of reformation, and not of vindictive justice." la
the spirit of this humane provision, I plead for graded prisons and
for a classification of prisoners. Prisons are the only schools iiv
which the criminal classes can be reformed and taught, and there is
just the same necessity for gradation and classification as there is in
other schools. There ought to be also a supervisory board, having
control of all prison officers, with power of' suspension or removal
for cause during the vacations of the General Assembly. Under the
existing arrangement the grossest abuses may exist when the
General Assembly is not in session, but there is no power to-
interfere.
I believe that between now and the expiration of the contracts
for the labor of the convicts in the Southern Prison the change in
our prison system, which I have so briefly and imperfectly sketched,,
may be accomplished in accordance with the soundest economy, and
in consonance with the latest and best achievements in this partic-
ular field of social science. ,
soldiers' 5IONUMENT.
I herewith respectfully submit the memorial of the Board of
Managers of the Indiana Monumental Association, soliciting State
aid to the erection of a monument to the memory of Indiana sol-
diers who periled their lives in the service of their country. The
memorial embodies resolutions in favor of the same object of a large
meeting of citizens held at Indianapolis in May last, upon the occa-
sion of the decoration of the soldiers' graves at Crown Hill near that
city. I cordially commend the memorial, with the subject to which
it relates, to your favorable consideration.
I trust that the session upon which you have jus,t entered will be
characterized by perfect harmony and will be fruitful of good legis-
lation, and assure you of my desire to co-operate with you in
furthering such results.
CONRAD BAKER.
41
The Governor submitted the following special reports in connec-
tion with his message :
Special report of the Commisoners of the House of Refuge,
referred to in and submitted with the Governor's message :
To THE Governor of the State of Indiana:
In anticipation of our annual report to be made up to the close of
the present year, the Commissioners of the House of Refuge for
juvenile offenders beg leave to present to you and the General
■ Assembly the following facts and suggestions :
The General Assembly of 1869 appropriated $30,000 per annum
for the current expenses of this institution, including the salaries of
its officers. It also enacted that whenever there shall be a failure
at any regular biennial session of the General Assembly to pass an
appropriation bill for this object, it shall be lawful for the Gover-
nor, Secretary and Treasurer of State to direct the Auditor of State
to draw warrants on the State Treasury for an amount not exceed-
ing the last appropriation.
At the time these laws were passed there were one hundred and
eighteen inmates in the institution. An appropriation having been
made at the same time for an increase in the building of the institu-'
tioH, a main building and one family house had been completed, and
were ready for occupancy before the 1st of January, 1871. The
great pressure of boys wlio were legally idinmitted to the institution,
many of whom were in prison, led the Commissioners to authorize
their recejition into the institution as soon as the houses were done,
Avith the expectatio)!: tliat theGtneral Assembly of 1871 would make
the necessary appropriation for tlieir support. ISTo appropriations were
however, made by that General Assembly, and we were left without
any means whatever for the support of the institution from January
1st to April 1st, 1871, the appropriation for the year having all
been exhausted before January 1st, 1871. We were thus left with
a lamily of two hundred and twenty to supj)ort upon the .sum appro-
priated when it reached only one hundred and eighteen.
It did not seem to us expedient to discharge upon the coram unity
unreformed boys, and as other boys were being constantly commit-
ted, we have thought l)('st, since, to receive some of them, especially
from counties not represented in the institution, as places were made
vacant by the discharge of boys on the ground of reformation. The
42
institution has thus been kept full to its utmost capacity up to the
present time, and there are now 200 boys in it. To meet the extra
expense over the amount of appropriation, we have been compelled
to resort to the use of credit in our purchases, and especially to a
loan. This loan now amounts to |1S,881,62, and the other indebt-
edness of the institution will reach $3,500. For these we would
respectfully but earnestly ask that an appropriation may be made, as
well as of a sum sufficient to pay the current expenses of the institu-
tion up to the first of April next, the teimination of our fiscal year,
Y\-hich expenses we estimate at §4,000. We would also respectfully
suggest some modification of the present laws, especially one apply--
ing to the amount received from the counties directly to the support
of the institution, instead of placing it in the State Treasury as
heretofore.
Experience has also taught us that boys of 18 years are too old
for such an institution as ours, more especially since, not unfrequently
by misrepresenting their age, boys beyond that procure admission in
preference to being sent to the State Prison. The discipline to be
applied to such as these should be more severe than is requisite for
younger boys : hence, we suggest that the limit be reduced to 16
years of age.
The institution has been eminently successftil in accomplishing the
object of its erection and a very large portion of the boys, one hun-
dred and fifty in number, who have been discharged, are doing well.
We are not surprised that there should be some exceptions and that
a few of our boys should be found in the State Prison, as it wotild
be impracticable permanently to reform every boy sent here. Whilst
we endeavor to see that all the boys discharged are provided with
suitable homes, it sometimes leaves them without restraint, and being
surrounded by evil influences they find their old associates and return
to the haunts of Avickedness.
Bttt notwithstanding some such cases have occurred, for the larger
portion are returned to the community to make useftil citizens and
fill their post in the duties of life. We have been compelled to
decline, for want of room, more than one hundred and fifty bo^^s who
have been regularly committed to our care. Some of these are sent
to the State Prison, others to the county jails, and others still are
turned loose on the community to enter again upon a life of crime,
or become a charge upon the public.
43
We are fully satisfied as a matter of public economy as well as
for the public good, an appropriation should be made for an increase
of buildings, to an amount not less than .$65,000.
All of which is respectfully submitted.
CHARLES F. COFFIN,
A. S. EVANS,
JOHN ^Y. RAY,
Commissioners.
House of Refuge, Nov. 11, 1872.
Copy of letter, from the President of the United States, referred
to in message :
Executive Mansion,
Washington, November 25, 1871.
To His Excellency, Conrad Baker,
Governor of Indiana :
Sir : I transmit herewith a copy of a treaty concluded iu this city,
on the 8th day of May last, between the United States and Great
Britain.
By the twenty-seventh article, the Goveri)meut of the Dominiou
of Canada, to secure to the citizens of the United States the use of
the Welland, St. Lawrence and other canals in the Dominion on
terms of equality with the inhabitants of the Dominion and the Gov-
ernment of the United States, engages to urge upon the State Govern-
nments to secure to the subjects of Her Britannic Majesty the use of
the several State canals connected with the navigation of the lakes or
rivers traversed by, or contiguous to, the boundary line between the
possessions of the high contracting parties, oii terms of equality with
the inhabitants of the United States.
The wisdom and the importance these reciprocal concessions of the
use of the artificial channels of water communication contemplated
by the treaty on terms of equality to the citizens or subjects of either
power are apparent. The rapid increase of population, and produc-
tion of the vast territory on either side of the boundary line and on
the upper lakes, demands all the channels of communication with
44 ' ■
the tide waters, which either nature or the enterprise of man has
made available. It is confidently believed, that the use of the artifi-
cial water communications which the treaty contemplates, will con-
tribute to a rapid increase of trade through those several channels,
and will tend to a consequent increase 'in the tolls and returns of
profits, both direct and indirect to each and all of the canals thus
opened to the use of a larger extent of country. As the period is
approaching when the Legislature of your State is about to convene,
I desire to bring the provisions of this article of the treaty to its
notice, and to urge upon your State Government to secure to the
subjects of Her Britannic Majesty, the use of the several State canals
witliin the State of Indiana, connected with the navigation of the
lakes or rivers traversed by, or contiguous to, the boundary line
betv/een the possessions of the United States and those of Her Bri-
tannic Majesty in North America, 'on terms of equality with the
inhabitants of the United States.
I address a similar request to other States, through which are
constructed canals connected with the navigation of the lakes.
I have the honor to be, etc.,
U. S. GRANT.
Copy of letter from the Secretary of the Interior, referred to ia
the Governor's Messae:e :
Department of the Interior,
Washington, D. C, March 25, 1872.
Hon. C. Baker, ,
■ Governor of the State of Indiana:
Sir : I have the honor to direct your attention to the following
statement, showing the amount of interest due the Indiana trust
fund, on Indiana five per cent, stocks. After deducting a balance of
$1,346.80 due the State of Indiana, on account of an over-paymenfc
of interest, made in a settlement of accounts with an agent of this
department in 1868, namely: To interest due on ^69,000, Indiana
five per cent stocks, from July 1, 1868, to January 1, 1872, $120.75;
to interest due on $1,000 five per cent bonds, from January 1, 1856,
to January 1, 1872, $800; amount, $12,875; by amount due the
45
State of Indiana on account of over-payment of interest in 1868,
11,346.80; balance of interest due January 1, 1872, $11,528.20.
This statement is taken from a report on the subject, furnished
me recently by the Commissioner of Indiana aifairs. I have fur-
nished Hon. M. C. Kerr with a copy of this report, which he in-
formed me would be forwarded to the proper officer in your State.
I desire respectfully to call your attention to the subject, and shall
be obliged if you will inform me of the intentions and desires of
your State in regard to it.
I am, Sir, very respectfully,
X Your obedient servent,
' C. DELAKO,
Secretary^
Indiana State Peisok, South,
Jeffeesonville, October 18, 1872.
To the Board of Directors:
In view of the fact that the Governor has called an extra session
of the Legislature, to which he will desire to submit a statement of
the condition of this institution, I hand you this statement of its finan-
cial affairs. The total receipts of the Prison for the current year
ending December 15th next, will be about ^60,000. The current
expenses for running the institution about $55,000, showing a sur-
plus of ^5,000 to be applied on former indebtedness, and giving
evidence that at the price of the present contracts the Prison will
more than meet its ordinary expenses. By referring to former
reports it will be seen that our indebtedness at the close of last year
was then $12,020.55, but this was based on an estimate of assets
which have not been realized.
There remain claims of §1,716.60 against Hopkins and Stanton
and A. W. Hall & Co., which have not been collected and are not
likely to be. Adding this to the debt of last year and subtracting
the surplus of this, we have a debt for the close of this year of
18,737.15.
In addition to this there is an indebtedness of $.1,000 on account
of the alterations and repairs, including the fence, to adapt the
premises to the use of the car company under present contracts, and
the ^12,000 furnished by the Governor to repair the damages of the
fire, an entire obligation of over ^30,000 to be provided for.
I am compelled in every report to call attention to the general
state of dilapidation of the premises, constituting a continual bill of
expenses. In consequence of having no appropriation for repairs
for the last two years, this has borne heavily on our friends, so that
only temporary expenditures could be resorted to.
The condition of the roofs of the cell-houses and shops is such a*
to absolutely require re-covering, and this cannot be done without
considerable expense. There are by actual measurement 762J-
squares, which cannot be tinned at present prices for less than
^10,000.
The annual appropriations for several years past have been largely
absorbed in patching up these roofs, and it will be sound economy to
replace them with uew material at once. It is hoped in a few months
the females will be removed to the new reformatory, and then it will
be advisable to make some alterations. The present female wards
could be converted into wards for insane prisoners, of which we have
several, who ought to be separated from the body of convicts, both
for safety and moral effect. To do this, and to fit up about twenty
new cells on the north side of this wing, will cost about $3,000.
One of the heaviest bills we are called on to meet is that for fuel
and lights. Our gas is supplied by the city gas works, and our heat-
ing is mainly by stoves. The annual cost of these two items is about
$3,600. I am satisfied from careful estimates that the apparatus to
make our own gas and to heat by steam could be put in for about
$4,000, and that we should thereby save fully one-half of our
annual bill for fuel and light.
The houses furnished by the State for the use of the "Warden and
Deputy Warden are old and in great need of repairs. I would
respectfully ask for §1,500 as actually required for this purpose.
According to law, it is the duty of the Legislature to make the
necessary appropriations for the current expenses of the prison. To
enable it to do this intelligently the following estimates are furnished
for the next two years : Average number of convicts, 400 ; of this
number the daily average on contract will be about 330, the remain-
der being in hospital, laboring for the State, etc. Three hundred
and ten days per year at sixty cents.
Receipts : Convict labor, ^61,380.
Expenditures : Salaries of guards, etc., $20,000 ; provisions,
$22,000 ; clothing, $7,000 ; fuel and lights, $3,600 ; gate money to
47
discharged convicts, $2,550 , library, $500 ; escaped convicts,
printing and stationery, $200; hospital, $1,200; miscellaneous
expenses, $1,000. Total, $58,650.
This estimate leaves a surplus of $4,230, for each of the next two
years which will pay off all debts growing out of deficiencies in
merely running expenses during the last four years.
To recapitulate, there will be needed $30,737, to meet all past
deficiencies, including the fires; $18,0(J0 for necessary repairs and
improvements; and $58,650 for annual expenses; and there is
reasonable certainity of an annual income of $62,880.
A^ery respectfully submitted,
L. S. SHULER,
Warden.
Indiana State Prison, South,
Jeffersonville, Ind., October 18, 1872.
To the Governor oj Indiana :
Dear Sir : We .herewith transmit to you a special report from
the Warden of the financial condition of this prison, and through
you we would respectfully ask from the Legislature an immediate
appropriation for the payment of the various sums of indebtedness
therein stated, the necessities which have led to the creation of these
liabilities have been set forth in former reports, and the interest
required to carry this indebtedness bears heavily on an income. The
repairs and alterations suggested seem to us imperatively required
by a due regard to the public intei-ests.
Indeed, the state of the Prison is such that it would be good
economy in the Legislature to authorize a general renovation. If
this is much longer neglected, either a much larger sum will be
required to put it in order, or steps must be taken for the erection
of a new establishment. It is believed that the sum asked for by the
Warden, with a similar sum for miscellanous repairs each year, will
answer until the end of the present contracts, when the State will
have to take decided steps toward renovation. It will be seen that
the Warden gives an estimate of the probable receipts and expendi-
tures during the next tvi^o years.
This estimate is believed to be reliable. Heretofore for many
years no appropriations have been made for current expenses, buttlie
• 48
income of the Prison has been applied at the cliscresion of the man-
agers. We believe the law requires an appropriation and that thei-e is
no authority to draw money for any purpose without one. AVe would
respectfully call attention to the fact that the salaries paid the "War-
den, Deputy Warden, Clerk and Chaplain, were fixed many years
ago when the cost of living was much less than now, and that they
should be increased.
If the Legislature at its special session shall propose any general
revisision of the Prison laws we will be pleased to give any infor-
mation suggested by our experience if called on to do so. All of
which is respectfully submitted.
E. S. HEISKELL,
W. W. CURRY,
Directors.
To His Excellency, Conrad Baker,
Governor of the State of Indiana :
The undersigned respectfully represent to your Excellency that
at a large meeting of the citizens of this State assembled at Crown
Hill upon the 30th day of May last, to decorate the graves of the
soldiers, the following resolutions were unanimously adopted, viz :
Resolutions unanimously adopted by a large meeting of citizens
upon the occasion of decorating the soldiers' graves at Indianap-
olis, May -30, 1872.
Hesolved, By this vast concourse of citizens, assembled to decorate
the graves of the Union soldiers at the State Capital, that we feel
that the great and prosperous State of Indiana owes it to the
memory of her brave sons who periled their lives in the service of
their countr}-, to erect a State monument that shall stand as a
perpetual memorial of their patriotic deeds. To that end we respect-
fully ask the Governor to recommend to the Legislature, and the
Legislature to provide for the erection at the Capital of the State,
in the Park known as the Governor's Circle, a grand monument,
"' To the memory of Indiana soldiers who periled their lives in the
.service of their countv,"
JResolvedy That the following gentlemen be requested to act as a
committee to further the object contemplated by these resolutions,
viz.:
I
Gen. Nathan Kimball, Gen. A. P, Hovey, Gen. Thos. A, Morris,
Gen. J. C. Veach, Hon. W. H. English, Gen. Ben. Spooner, Gen. W.
Morrow, W. H. Morrison, Esq., Gen. B. F. Scribner, Gen. Ira
Grover, Gen. Charles Cruft, Gen. M. D. Manson, Gen. E.. H. Milroy,
J. H. McKernan, Esq., Gen. Wm. Grose, Gen. Sol. Merideth, Gen.
Noel Gleason, Gen. Reub. Williams, Gen. G. H. Chapman, Gen.
Silas Colgrove, Gen. Thos, N. Browne, Hon. T. A. Hendricks, Gen.
Thos. Brady, Gen. Dan. Macauley, Gen. Joseph Dodge, Gen. G. F.
McGinnis, Gen. O. S. Gooding, L. W. Hasselraan, Esq., Gen. J. R.
Slack, Alfred Harrison, Esq., Gen, R. S, Foster, J. M, Tilford, Esq.,
Gen. Lew. Wallace, S. A. Fletcher, Esq., Gen. Reuben Kise, Robt.
Connolly, Esq., Gen. Fred Knefler, R. J, Bright, Esq., Gen. Milo
S. Hascal, Bishop Talbott, Gen. J. P. C. Shanks, David Maey, Esq.,
Gen. Benj. Harrison, Gen. J. P. Baird, Gen. W. Q, Gresham, E. S.
Alvord, Esq., Gen. Laz, Noble, Hon. John C. New, John Fishback,
Esq., Gen, A. Stone, Gen Jasper Packard, Gen. John Coburn,
Gen. M, C. Hunter, J. H. Vajen, Esq., Hon, J. W. Gorden, Dr. W.
C, Thompson, J. C, Yohn, Esq., Hon. E, B, Martindale,
On the 1st of the present month, at a meeting of the aforesaid
committee at the Board of Trade Rooms in the city of Indianapolfs,
an association was formed to be called the " Indiana Monumental
Association," and ofiicers were duly chosen.
At the same meeting a resolution was unanimously adopted, a&
follows :
Eesolved, That the President and resident managers be instructed
to present, at an early day, to His Excellency the Governor of this
State, a copy of the resolutions adopted on the SOth of May last,
upon the occasion of the decoration of the soldiers' graves at Crown
Hill, and to respectfully request hiin to recommend to the Legisla-
ture the erection of the State monument referred to in that reso-
lution.
In pursuance of the foregoing resolution Ave respectfully request
your Excellency to recommend to the General Assembly at the next
session, that an appropriation equal to the aggregate of ten cents for
H. J.— 4
50
each inhabitant of the State, be made towards defraying the expenses
of erecting upon the ground known as the Governor's Circle, sucli
a monument as shall commemorate the patriotism of our soldiers
and sailors in a manner creditable to the liberality of the State.
T. A. MOERIS, President.
FRED. KNEFLER, Secretary.
NATHAN KIMBALL,
BENJ. C. SHAW,
BENJ. HARRISON,
WILLIAM H. ENGLISH,
GEO. H. CHAPMAN,
Board of Managers.
The Speaker announced the following committee upon House Joint
Resolution No. 1 :
First Congressional District, Mr. AVhitworth.
Second Congressional District, Mr. Willard.
Third Congressional District, Mr. Miller.
Fourth Congressional District, Mr. Walker.
• Fifth Congressional District, Mr. Shirley.
Sixth Congressional District, Mr. Coifman.
Seventh Congressional District, Mr. Richardson.
Eight Congressional District, Mr. Hardesty.
Ninth Congressional District, Mr. Mellett.
Tenth Congressional District, Mr. Thayer.
Eleventh Congressional District, Mr. Butterworth.
Mr. Woodard, of Parke, offered the following resolution :
Resolved, That the message of the Governor be referred to the
committee of the whole House, and be made the special order of the
day, on Monday next at 3 o'clock p. M.
Which was agreed to.
Mr. Shirley offered the following resolution :
' 51 ■
JResolved, That William M. Merwin, C..S. McDonald and D. H.
Long be allowed pay for two days services at five dollars per day for
assisting in the organization of the House, be paid out of any moneys
that may be appropriated for legislative purposes.
Which was referred to the committee on employes.
Mr. Wolflin offered the following resolution :
Resolved, That each member of the House of Representatives be
furnished with two (2) copies of the Daily Indianapolis Journal, one
(1) copy of the State Sentinel, and one (1) copy of the Telegraph,
(German,) and one (1) copy of the Weekly Volksblatt.
Mr. Shirley offered the following amendment :
That the resolution be amended to include two copies for each
member of the Evening News.
Mr. Lee offered the following amendment :
That the resolution be amended to include the Evening Journal.
Which resolution and amendments were referred to the Special
Committee appointed yesterday,
Mr. Lenfesty offered the following resolution :
Resolved, That the daily meetings of the House until further
ordered be at 9i o'clock A. M., instead of at 9 o'clock, A. M.
Which resolution was not adopted.
Mr. Kimball introduced
House Bill No. 6. An act creating the Indiana Centennial
Association.
Whereas, The Congress of the United States by an act dated
March 3, 1871, and by a supplemental act, dated June 1st, 1872,
has provided for celebrating the One Hundredth Anniversary
of American Independence by an International Exhibition of arts
and manufacturers and products of the soil and mines, in the city
of Philadelphia, in the State of Pennsylvania, in the year 1876, and,
52
Whereas, It is the privilege and duty of the State of Indianai
to be fully represented in this International Exhibition ; therefore^
Be it enacted by the General Assembly of the State of Indiana,
Which was read a first time.
Mr. Given introduced
House Bill No. 7. An act providing that Justices of the Peace
shall have exclusive jurisdiction in certain cases of misdemeanors,^
and repealing all acts in conflict with this act.
Which was read a first time.
Mr. Kimball offered .
Joint Resolution No. 2, A joint resolution agreeing to and
adopting an amendment proposed to the Constitution, by the last
General Assembly, by adding to the tenth article, a section in rela-
tion to the debt charged upon the Wabash and Erie canal.
Whereas, The last General Assembly at the regular session
thereof, i)assed, adopted and agreed to the following joint resolution^
to wit :
" A joint resolution proposing an amendment to the Constitution,
by adding to the tenth article, a section in relation to the debt
charged upon the Wabash and Erie canal."
J3e it resolved by the General Assembly of the State of Indiana, That
the following amendment be, and is hereby proposed to the Consti-
tution of this State, and that the same be, and is hereby agreed to
and submitted to the electors of the State, for their ratification or
rejection : Provided, the same shall be agreed to by a majority of all
the members elected to each House of the General Assembly of this
State, to be chosen at the next general election. ,. .;
Said amendment to consist of tlie addition of the following section
to the tenth article of the Constitution, in the language following :
*' No law or resolution shall ever be passed by the General Assem-
bly of the State of Indiana, that shall recognize any liability of this
State to pay or redeem any certificate of stock, issued in pursuance
of an act entitled ' An act to provide for the funded debt of the State
53
of Indiana, and for the completion of the Wabash and Erie canal to
Evansville,' passed, January 19, 1847, and an act supplemental to
said act, passed, January 29, 1849, which by the provisions of the
said acts, or either of them, shall be payable exclusively from the
proceeds of the canal lands, and the tolls and revenues of the canal
in said acts mentioned, and no such certificate or stocks shall ever
be paid by this State."
" Resolved , further , That the foregoing joint resolution be, and the
same is hereby referred to the General Assembly of this State, to be
chosen at the general election to be held on the second Tuesday in
October, in the year of our Lord, one thousand eight hundred .and
seventy-two." Now,
Be it resolved by the General Assembly of the State of Indiana,
That the said amendment proposed to the Constitution of Indiana,
contained in said joint resolution passed by the last General Assem-
bly, as aforesaid, and herein before recited, be, and the same hereby
is agreed to and adopted by this General Assembly, and that the
said amendments shall be submitted to the Electors of the State, for
ratification, at an election to be called for that purpose, in pursuance
of such an act of the General Assembly as may hereafter be passed
providing for such submission ; and if no time is designated by this
General Assembly, there shall be submitted to the people at the next
general election, to be held on the second Tuesday in October,
•eighteen hundred and seventy-four.
Mr. Branham moved that the resolution be considered as en-
grossed, and put upon its passage.
Which was agreed to, and the Speaker directed the same to be
entered on the Journals.
The ayes^and noes being taken under the constitutional rule.
The question^eing on the passage of the resolution.
Those who voted in the afirmative were, Messrs.
Anderson,
Baxter,
Branham,
Baker,
Billingsley,
Brett,
Barker,
Bowser,
Buskirk,
Barrett,
Blocher,
Butts,
§4
Eutterworth^
Hedrick,
Rumsey,
Broadus,
HoUinsworth,
Satterwhite^
Cauthorn,
Hoyer,
Schmuck,
Clark,
Isenhaur,
Scott,
CI ay poo].
Johnson,
Shirley,
Cline,
Jones,
Smith, '^
Coflman,
Kimball,
Spellmau,
Cobb,
King,
Stanley,
Cole,
Kirkpatrick,
Shutt,
Cowgill,
Lenfesty,
Strange,
Crumpacker,
Lee,
Teeter,
Dial,
Lent,
Tingley,
Durham,
Martin,
Thompson, of Spencer^
Eaton,
Mellett,
Thompson, of Elkhart^
Edwards, of Lawreiice,Miner,
Thayer,
Ellsworth,
KcKinney,
Troutman,
Eward,
McConnell,
Tulley,
Furnas,
North,
Walker,
Gifford,
Odie,
Wilson, of Ripley.
Given,
Oifutt,
Wilson, of Jay,
Glasgow,
Ogden,
Willard,
Glazebrook,
Peed,
Wesuer,
Goble,
Prentiss,
Wolflin,
Goudie,
Pfrimmer,
Woolen,
Gregory,
Rudder,
Wood,
Gronendyke,
Reno,
Woodard,
Hardesty,
Reeves,
Whitworth,
Hatch,
Riggs,
Wynn,
Heller,
Richardson,
Mr. Speaker— 97.
Henderson,
No one voting in the negative.
Whereupon, the Speaker declared the Joint Resolution adopted,
Mr. Furnas introduced
House Bill No. 8. An act to prevent hunting and shooting on
inclosed lands without the consent of the owners or occupants
thereof.
Which was read a first time.
55
Mr. Cauthoi'n moved that the committee consisting of one from
each Congressional District to consider House Joint Resolution No.
1, be discharged.
Which was agreed to.
Mr. Hardesty oftered the following resolution :
Whereas, This House has heard with deep regret the death of
Hon. John W. Burson, a member of the Senate from the counties
of Delaware and Madison ; that in his death the State has lost an able
and incorruptible patriot ; therefore,
Mesolvecl, That the House, as a mark of respect to the memory of
of the deceased, do now adjourn.
Resolved, That a copy of this resolution be transmitted to the
family of the deceased oy the Clerk of the House.
Which was agreed to.
Whereupon the Speaker declared the House adjourned.
56
FRIDAY MOUNIXG.
November 15, 1872, 9 o'clock.
The House met pursuant to adjournment, with the Speaker in the
Chair.
The Journal of yesterday was read in part, when
On motion of Mr. Woodard,
The further reading of the same was dispensed with.
The Speaker announced the following special committee on the
allowance of stationery for the members of the House :
First Congressional District, Mr. Woiflin.
Second Congressional District, Mr. Baker.
Third Congressional District, Mr. Wilson, of Ripley.
Fourth Congressional District, Mr. Baxter.
Fifth Congressional District, Mr. Ogden.
Sixth Congressional District, Mr/^Gronendyke.
Seventh Congressional District, Mr. Wesner.
Eighth Congressional District, Mr. Kirkpatrick.
Ninth Congressional District, Mr. Heller.
Tenth Congressional District, Mr. Tulley.
Eleventh Congressional District, Mr. Wood.
Mr. Cauthorn moved that when this House adjourn it be until
Monday at 2 o'clock, p. M.
Which was adopted.
57
Mr. Oifutt, from the committee on rules, made the following
majority report:
Mr. Speaker :
The select committee appointed to prepare and report rules for
the government of the House, have had that subject under conside-
ration, and have prepai'ed the rules herewith returned for the
government of the House, which they recommend be adopted.
The committee also have adopted, as joint rules for conducting
business between the Senate and House, the rules adopted by the last
General Assembly, except Hule No. 11. That the Senate be
respectfully requested to concur therein.
All of which is respectfully submitted.
Mr. Cauthorn, from the same committee, presented the following
minority report :
Mr, Speaker:
As a member of the select committee appointed to prepare and
report rules for the government of this House, I concur in the report
of the majority, escept as to the adoption of the 65th Rule, as
reported, and as to that, I dissent, and recommend the same be not
adopted.
Respectfully submitted,
HENRY S. CAUTHORN.
Which was not concurred in.
The question being, shall the majority report be concurred in?
The same was adopted.
Mr. Furnas offered the following resolution :
Whereas, It is a fact that some of the work done on the
principal building last erected at the Reform School, commonly
called the House of Refuge, situated at Plainfield, Indiana, has not
been paid for, the directors and superintendents thereof maintaining
that such work has not been done according to contract and specifi-
cations in reference to said building ; and,
58
"Whereas, Permanent work said to be absolutely necessary in the
completion of said building, has been done by the building
contractors in completion of said building, and which to this time
has not been paid for ; compensation therefor refused to be made for
said work in consideration of the same being outside of the specifica-
tion of the architectural design as well as the inefficiency of the-
work ; therefore,
Resolved, That a committee of five be appointed by the Speaker of
the House, to investigate the matter of difference as above stated, with
sufficient powers to send for persons and papers, and that said com-
mittee be required to report the result of their investigations at an
early day.
Mr. JBi'anham moved to refer it to the committee on benevolent
institutions.
Which motion prevailed.
Mr. Woodard offered the following resolution :
Resolved, That there be a committee of one from each congres-
sional district, appointed to take into consideration the whole subject
of fees and salaries, and report by bill, or otherwise, to this House
at an early day.
Mr. Branham moved to refer the resolution to a select committee.
Which motion did not prevail.
On motion,
The resolution was referred to the Committee an Fees and Salaries,
Mr. Branham offered the following resolution :
Resolved, That the House recommend to the Clerk, Assistant
Clerk, and i>oor-keeper, that when they can employ as pages and
other employes, such boys belonging to the Soldier's Home and
disabled soldiers, as in their judgment may be efficient to discharge
Buch duties as may be assigned them.
Which was agreed to.
Mr. Shirley introduced
59
House Bill No. 9. An act to repeal an act fixing the time and
mode of electing State Printer, defining his duties, fixing compensa-
tion, and repealing all laws coming in conflict with the same, passed
March, 1859.
Which was read a first time.
Mr. Rumsey offered the following resolution :
Resolved, That this House take steps to procure a Cliaplain
therefor, and that the Speaker appoint three members, a committee
to confer with the ministers of the Gospel in this city in reference
to such arrangement.
Which was agreed to.
Mr. Hardesty offered the following resolution :
Resolved, That the Auditor of State be, and is hereby instructed
to communicate , to this body the sum paid each year for the past
twelve years to A. E. & W. H. Drapier or others on account of
paper, reporting, publishing or binding, what is commonly known
as the " Brevier Reports."
Which was agreed to.
Mr. Shirley introduced
House Bill No. 10. An act providing for the issue and sale of
bonds to raise money by the civil town.-hips of this State for the
purpose of paying any debt incurred in purchasing or erecting any
school building, or in the purchase of any ground whereon to erect
any school building, or for the purpose of hereafter purchasing any
ground or building for school purposes, or for erecting any school
building, and authorizing the levy and collection of a special
school tax for the payment of principal and interest of such bonds.
Which was read a first time.
Mr. Troutman offered the following resolution :
Resolved, That the State Librarian be, and that he is hereby
instructed to furnish each member of the House with a copy of
Cushing's Manual of Parliamentary Law.
Which was agreed to.
60
Mr, Walker offei-ed the following resolution :
Resolved, By the House of Representatives, the Senate concurring
therein, that there be printed in pamphlet form, eight thousand
copies of his Excellency, Governor Baker's Message. Fifteen hun-
dred copies thereof shall be printed in the German language, and
that one thousand copies of said Message be delivered to the Gover-
nor for his own use, and the remainder thereof be distributed pro
rata among the members of the General Assembly, for circulation.
Which was agreed to.
Mr. Cauthorn offex-ed the following resolution :
Resolved, That as the select committee to whom was referred.
Joint Resolution No. 7, has been discharged, therefore, that said
resolution be laid upon the table.
Which was agreed to.
On motion,
The House adjourned, until Monday at 2 o'clock P. M.
61
MONDAY AFTERNOON,
November 18, 1872, 2 o'clock.
The House met pursuant to adjournment, with the Speaker in the
chair.
The Journal of yesterday was read in part, when,
On motion of Mr. Furnas,
The further reading of the same was dispensed with.
The Speaker announced the following standing committees.
1. On Elections.
Messrs. Edwards of Lawrence, Isenhaur, Hollinsworth, Martin,
•Odle, Wilson of Blackford and Whitworth.
2. On Ways and Means.
Messrs. Kimball, Branham, Brett, Willard, Tingley, Peed, and
Gronendyke.
3. On the Judiciary.
Messrs. Walker, Cauthoru, Wilson of Ripley, Woollen, Ogdeu,
Buskirk and Johnson.
4. On Organiz dim of Courts of Justice.
Messrs. Wilson of Ripley, Offatt, Cowgill, Shirley, Edwards of
Lawrence, Claypool, and Glasgow.
5. On Banks.
Messrs. Satterwhite, Brett, Troatman, Crumpacker, TuUey, Riggs
and Goble.
62
6. On Education.
Messrs. Mellett, Given, Billiiigsley, Glazebrook, Butts, Woollen,
and Ogden.
7. On Affairs of State Prisons.
Messrs. Hardesty, Barrett, Woodard, Cole. Thayer, Coffman,
and Furnas.
8. On Sicami-) Lands.
Messrs. Butterworth, Eaton, Wood, Hatch, McCounell, Gregory,
and Wynn.
9. On Military Affairs.
Messrs. Kirkjiatrick, Reno, Cole, Anderson, Goudie, Spellman,
and Wesner.
10. On Claims.
Messrs. Riggs, Dial, Lee, Hoyer, Hedrick, Shutt and Lenfesty.
11. 071 Trust Funds.
Messrs. Miller, Baker, Gronendyke, Henderson, Lent, Durham
and Hollinsvvorth.
12. On Fees and Salaries.
Messrs. Woodard, Woollen, Cowgill, Teeter, Broadus, Rudder and
Cole.
13. On Si7iki7ig Fund.
Messrs. Branham, Ellsworth, Billingsley, Stanley, Eward, Strange
and Cobb.
14. On the Rights and Privileges of the Inhabitants of the
State.
Messrs. Hedrick, Shirley, Gifford, Pfrimmer, Clark, Blocher and
Ramsey.
. : 63
15. On Railroads.
Messrs. King, Branham, Bowser, Gi'onendyke, Isenhaur, Kimball
and Jones.
16. On Manufactures and Commerce.
Messrs. Thayer, Given, North, Reno, Butterworth, Baker and
King.
17. On County and Townshij) Business.
Messi's. Thompson of Elkhart, Claypool, Reeves, Buskirk, Pren-
tiss, Scott and Coffman.
18. On Agriculture.
Messrs. Furnas, Heller, Billingsley, McConnell, Thompson of
Spencer, Eaton, Odle.
19. On Benevolent and Scientific Institutions.
Messrs. Branham, Brett, King, Lent, Cauthorn, Tingley, and
Jones.
20. On Temjyerance.
Messrs. Butts, Brett, Baxter, Cauthorn, Furnas, Schmuck and
Clark.
21. On Mileage and Accounts.
Messrs. Cowgill, Glazebrook, Cobb, Richardson, Mellett, Peed,
and Butts.
22. On Corporations.
Messrs. Ogden, Richardson, Giflord, Thompson of Elkhart,
Shirley, Thayer and Hoyer.
23. On Canals.
Messrs. Lent, Claypool, Cobb, Bowser, Broadus, Anderson, and
Cole.
64
24, On Fublic Expenditures.
Messrs. Johnson, Henderson, Wolflin, Offutt, Wesner, Reno,
and Eward.
25. On Federal Relations.
Messrs. Lenfesty, Pfrimmer, Wynn, Strange, Troutman, Shutt,
and Butts.
26. On Affairs of the Oity of Indiayiapolis.
Messrs. Hatch, Goble, Wilson of Blackford, Gregory, Scott^
Heller and Satterwhite.
27. On Cities and Towns.
Messrs. Gilford, Willard, Riggs, Teeter, Miller, Baker and
Kirkpatrick.
28. On Engrossed Bills
Messrs. Broadus, Durham, North, Cline Glasgow, Crumpacker
and Hoyer. "
29. On Roads.
Messrs. Reeves, Isenhaur, Thompson of Spencer, Martin, Prentiss,,
Strange and Ramsey.
30. On Statistics and Emigration.
Messrs. Wolflin, Blocher, Lenfesty, Schmuek, Wood, McKinney^
and Thompson of Elkhart.
31. On Insurance Companies.
Messrs. Wilson of Ripley, Given, Willard, Lenfesty, Jones,
Wesner and Barrett.
32. On Printing.
Messrs. Billingsley, Peed, Wilson of Ripley, Heller, Walker.
Shutt, and Mellett.
.65
33. On Reformatory Institutions.
Messrs. Baxter, Furnas, Rumsey, Clark, Martin, McConnell, and
Dial.
34. On Drains and Dykes.
Messrs. Wood, Eaton, Prentiss, Tulley, Gregory, Troutman, and
Scott.
JOINT STANDING COMMITTEES ON PART OF THE HOUSE.
1. On Public Library.
Messrs. Lee, Smith, and Hardesty.
2. On Public Buildings.
Messrs. Branham, Brett, and Kimball.
3. On Canal Fund.
Messrs. Goudie, Claypool, and Reeves.
4. On Enrolled Bills.
Messrs. Cobb, Stanley, Butterworth, Tulley, Scott, and Bowser.
Mr. Furnas moved that the House go into a committee of the
■whole and consider the Governor's message now, instead of at three
o'clock, and that the hour of the special order be so changed.
Which motion prevailed.
Whereupon the Speaker called Mr. Branham to the chair and
and proceeded to consider in the committee of the whole the Gover-
nor's message.
After some time spent therein the committee rose and reported
their action thereon as follows:
H. J.— 5
66 •
Mr. Branham, chairman of the whole House, made the following
report :
Mk. Speaker:
The committee of the whole House have, according to order, had
under their consideration the message of the Governor, disposed of
the recommendations submitted therein, upon rising instructed me
to report the proceedings which are contained in the following reso-
lutions and to ask the House to concur therein and adopt the same.
Resolved, That so much of the Governor's message as relates to
the completion of unfinished business of one session by another, the
Garnett suit against the Wabash and Erie Canal, the constitutional
convention, and the addition of another Judge of the Supreme Court^
be referred to the committee on the judiciary.
Resolved, That so much as relates to the act regulating fees and
salaries, and to the salaries of Governor and Judges of the Supreme
Court, be referred to the committee on fees and salaries.
Resolved, That so much as relates to additional provision for the
Insane, and the institution for the education of the Blind, and to the
Soldier's Home, be referred to the committee on benevolent and scien-
tific instititutions.
Resolved, That so much as relates to the House of Refuge and to
the Indiana Reformatory Institute for Women and Girls, be referred
to the committee on reformatory institutions.
Resolved, That so much as relates to the State's Prisons be referred
to the committee on that subject.
Resolved, That so much as relates to the State Normal School be
referred to the committee on education.
Resolved, That so much as relates to the Treaty of Washington be
referred to the committe on federal relations.
Resolved, That so much as relates to the constitutional amendment
in relation to the canal debt, the same having been provided for by
the House by the passage of a joint resolution, no recommendation
is necessary.
67
jResolved, That so much as relates to the late Norman Eddy be
referred to select committee of five.
Resolved, That so much as relates to the Tippecanoe Battle Grounds
be referred to a select committee of three.
Resolved, That as much as relates to the Soldiers' Monument be
referred to a select committee of one from each Congressional Dis-
triet.
Which was concurred in.
Mr. Branham moved that the resolutions, as a whole, be adopted
Which motion prevailed.
Mr. Gregory offered the following resolution :
Resolved, That the Clerk of this House cause to be printed five
hundred (500) copies of the rules adopted for the government of the
same, and to include the Constitution of the State and the standing
committees of the House, for the use of the members thereof.
Which was adopted.
On motion, by Mr. Walker,
The House adjourned until to-morrow at 9 o'clock a. m.
68
TUESDAY MORNING,
NoYEMBEE 19, 1872, 9 o'clock.
The House met pursuant to adjournment, with the Speaker in the
Chair. •
The Journal of yesterday was read and approved.
Mr. Eumsey, from a select committee, made the following report :
Me, Speakee:
Your committee to w^hom was referred the subject for the House,
respectfully report, that it is understood the ministers in the city
will furnish the House a Chaplain, during our sitting.
Wiiich report was concurred in.
Mr. Walker offered the following report :
Me. Speakee .
The special committee to whom was referred the question of
employes, and to whom the Clerks and Doorkeepers were required
to report the names of their employes, respectfully report, that the
following persons have been appointed by the Principal Clerk,
Assistant Clerk and Doorkeeper of the House of Representatives :
By the Speaker :
Page — Charles Burrett.
Floor Page — Eddie Mason.
Floor Page — Oscar Cobb.
Floor Page — Lewis Munson.
Floor Page — Charles Southard.
^9
. \
By the Principal Clerk :
Page — Charles Lambert, of Cass.
Reading Clerk — John L. Eupe, of Wayne.
Registry Clerk — J, C. McCormick, of Clark.
File Clerk — John C. Eiler, of Delaware.
Enrolling Clerk — John M. Commons, of Marion,
Enrolling Clerk — Stephen Metcalf, of Madison.
Enrolling Clerk — Eugene Sullivan, of Wabash.
Engrossing Clerk — Granville S. AYright, of Marion.
Engrossing Clerk — Colonel W. H. Snodgrass, of Clark.
Engrossing Clerk — Miss E. Pettijohn, of Hamilton.
Engrossing Clerk — D. W. Rowland, of Knox,
By the Assistant Clerk :
Minute Clerk — Wni. S. Barclay.
Journal Clerk — Alexander Shepherd.
Copying Clerk — Daniel M. RansdelL
Copying Clerk — A¥. H. Brown.
Copying Clerk — George 0. Henry.
Copying Clerk — L. T. Wilson.
Copying Clerk — John L. Pituer.
By the Doorkeeper :
Assistant Doorkeeper — W. H. H. Graham.
East Door— Frank M. Busby.
West Door— J. M. McLain.
First Cloak Room — G. M. Adams.
Second Cloak Room — E. P. Beauchamp.
Post Master — J. H. Edwards.
Assistant Post Master — M. D. Hamilton.
Mail Carrier — Frederick LoiSer.
First Paper Folder — Frank Matlock.
Second Paper Folder — Lewis Mason.
Committee Room Doorkeeper — W. H. Freeman.
70
Sweeper — Jesse Greene.
Fireman— James Lackliart.
Fireman — Wm. Hutcliings,
Water Carrier — Henry Baily.
Water Closet— H. H. Porter.
Spittoon Cleaner — Isaac S. Johnson.
Doorkeeper Chief Clerk's Room— E. B. Cole.
Which report was concurred in.
Mr. Walker, from the select committee, to whom was referred the
claims of William M. Merwin, C. S. McDonald and L. H. Long,
made the following report :
Me. Speaker :
Your special committee to whom was referred the claim of W.
H. Merwin, C. S. McDonald, and D. H. Long, for two days' ser-
vices each in assisting|in the organization of the House at the pres-
entsessiou, have had the same under consideration, and have directed
me to report injfavor of the allowance of said claim at the rate of
five dollars per day each.
Which was concurred in.
Mr. Walker, from the select committee to whom was referred the
proposition of Henry C. Painter and William M. Merwin, made
the following report :
Me Speakee :
Your committee to whom was referred the proposition of Henry
C. Painter and William Merwin, in relation to the postmaster of the
House, have had the same under consideration, and have instructed
me to report against the proposition.
Which was concurred in.
Mr. Cauthorn offered the following resolution of inquiry :
Wheeeas, His Excellency the Governor, in his message deliv-
ered before the joint convention of the two Houses on Thursday last,
calls the attention of the General Assembly to the unsurrendered
71
bonds issued for internal improvement purposes, now held by John
"W. Garrett, the payment of which is now sought to be enforced by
■legal proceedings now pending in the Cass county Circuit Court, on
change of venue from the Carroll county Circuit Court, and also
recommends immediate action to be taken in the premises by this
General Assembly ; therefore,
Eesolvcd, That his Excellency the Governor is hereby respectfully
requested, at his earliest convenience, to inform this House under
what authority of the State of Indiana, said bonds so held by Gar-
rett were issued, the date of the act authorizing their issue, the
amount of the principal, interest and cost which the treasury of the
State will have to furnish in case of their payment by the State,
according to the recommendations of his Excellency.
Resolved, That his Excellency the Governor is also requested at
the same time to inform this House, under what authurity of the
State of Indiana the bonds held by William H. Beers and others,
■ whose payment was sought to be enforced by suit in the Carroll
county Circuit Court some ten years since, were issued, the dtate of
the act authorizing their issue, the amount of the said bonds,
together with interest and cost, and vv'hat was the final issue of said
legal proceedings subsequent to the decision of the Supreme Court
of the United States, reported in 2 Black's Supreme Court Reports,
and whether said bonds are paid, and if so who })aid them ; and
what amount the trustees of the Wabash and Erie Canal were com-
pelled to disburse out of their trust funds, in consequence of said
litigation.
Resolved, That his Excellency is also respectfully requested to give
liis opinion whether if the State, out of abundant precaution and
with accustomed generosity ex gratia, make ju'ovision for the pay-
ment of the Garrett bonds as recommended by his Excellency, the
State will ever in the future be threatened or harrassed on account
of unsurrendered internal improvement bonds by any other person
•or persons, or by any corporation trust, or other source whatever,
and whether such payment by the State can be construed into
a breach of plighted faith on the part of the State, by reason of
the latter proviso of section 8, of an act approved January 27, 1847,
■being an act supplemental to an act commonly called the Butler Bill.
Which was afrreed to.
72
Mr. Heller ofiered the following resolution :
Hesolved, That the committee on claims be instructed to^examine
the record of the last session of this General Assembly, and report
to this House the fact in relation to the contested case of William B.
Walters against R. S. Taylor ; also report whether the saidf William
B. Walters should receive the usual remuneration in such^cases.
Which was adopted.
Mr. Heller offered the following resolution :
Resolved, That the judiciary committee be, and is hereby instructed
to draft a bill, amending the present ditch and drainage laws, and
report the same to this House without unnecessary delay.
Which was adopted.
Mr. Heller offered the following resolution :
Whereas, The State House is in an old and crumbling condi-
tion, and otherwise totally insufficient to accommodate the growing
interest of the commonwealth of Indiana, therefore,
Resolved, That a committee of one from each Congressional Dis-
trict be appointed to take into consideration the propriety and neces-
sity for a new Capitol building, and report the same during the
present session.
Which was adopted.
Mr. Bowser introduced
House Bill No. 11. An act to amend section 62, 63, 65 and 66
of an act entitled " An act to repeal all general laws now in force for
the incorporation of cities, and provide for the incorporation of
cities, prescribing their power and rights, and the manner in which
they shall exercise the same, and to regulate such other matters as
properly pertain thereto," approved March 14th, 1867, and declar-
ing an emergency.
Which was read a first time.
Mr, I'owser introduced
' 73 ^
House Bill No. 12. An act to exempt two months' wages or
salary from garnishee process and foreign attachment.
Which was read a first time,
Mr. Ellsworth introduced.
House Bill No. 13. An act repealing section one of an act
entitled '' An act prescribing the duties and fixing the compensation
of State Agent/' approved June 17th, 1852, and authorizing the
Secretary of State to perform the duties thereof, and amending
section four of said act, and declaring when this act shall take effect.
Which was read a first time.
Mr. Miller introduced
House Bill No. 14. An act to amend sections 5 and 7 of an act
entitled " An act in relation to commissioners' certificates and resig-
nations of officers," approved May 28th, 1852.
Which was read a first time.
Mr. Given introduced
House Bill No. 15. An act to amend section 70 of an act entitled
" An act providing for the elections and qualification of justices of
the peace, and defining their jurisdiction, powers and duties in civil
cases," approved June 9th, 1852.
Yv^hich was read a first time.
Mr. Lesifesty introdaced
House Bill No. 16. An act to regulate and license the sale of
spiritous, vinous, malt and other intoxicating liquors, to prohibit the
adulteration of liquors, to repeal all former laws in conflict with the
provisions of this act and prescribing penalties for the violation
thereof.
Which was read a first time.
Mr. Gregory moved to refer it to the committee on temperance.
Which motion prevailed.
T4
Mr. Thompson, of Elkhart, introdueed
House Bill No. 17. A bill for an act to divide the State into
congressional districts.
Which was read a first time.
Mr. Iscnhaur introduced
House Bill No. 18. An act to amend the thirteenth section of
*'■ An act in relation to county treasurers," approved June 4th, 1852.
"Which was read a first time.
Mr. Buskirk introduced
House Bill No. 19. An act to enable husband or wife, or either
of them, to be a witness for or against the other, or on behalf of
any party in certain cases.
Which was read a first time.
Mr. Buskirk introduced
House Bill No. 20. An act concerning contracts, wherein the
obligator agrees to pay the fees of the plaintiff 's attorneys, if sued
upon.
Which was read a first time.
Mr. Wilson, of Ripley, moved to refer it to the judiciary-
Committee.
Which motion prevailed.
Mr. Pfrimnier introduced
House Bill No. 21. A bill to amend the seventh section of an
act entitled '' An act regulating the granting of divorces, nullification
of marriages, and decrees and orders of courts incident thereto,"
api^roved May 13, 1852.
Which was read a first time.
Mr, Branham introduced
75
House Bill No. 22. An act to amend the first section and the
title of an act approved March 4, 1865, entitled "An act providing
for the completion of the unfinished business of any session of the
General Assembly by the next succeeding special session of the same
General Assembly."
Which was read a first time.
Mr. Branham moved to suspend the rules and have the bill read a
second time.
Whereupon the ayes and noes were called upon the suspension of
the Constitutional rule.
Those loho voted in the affirmative were, Messrs.
Anderson,
Furnas,
Miller,
Barrett,
Gifiord,
McKinney,
Baxter,
Glasgow,
McConnell,
Billingsley,
Glazebrook,
North,
Bowser,
Goble,
Odle,
Blocher,
Goudie,
Oflutt,
Branham,
Gregory,
Ogden,
Brett,
Gronendyke,
Peed,
Buskirk,
Butts,
Hardesty,
Hatch,
Prentiss,
Pfrimmer,
Butterworth,
Heller,
Pteeder,
Broad us,
Henderson,
Beno,
Can thorn,
Hedrick,
Beeves,
Clark,
Hollinsworth,
Eiggs,
CI ay pool,
Cline,
Cofiman,
Hoyer,
Isenhaur,'
Johnson,
Richardson,
Rumsey,
Schmuck,
Cobb,
Cole,
Jones,
Kimball.
Scott,
Shirley,
Cowgill,
King,
Smith,
Crumpacker,
Durham,
Eaton,
Kirkpatrick,
Lenfesty,
Lee,
Spellman,
Stanley,
Shutt,
Edwards, of Lawreuc
Ellsworth,
e,Lent,
Martin,
Strange,
Teeter,
Eward,
Mellett,
Tingley,
7.6
Thompson, of SpencerjWalker, Woollen,
Thompson, of Elkhart, Wilson, of Ripley, Woodard,
Thayer, Wilson, of Jay, Whitworth,
Trontman, Willard, Wyun,
Tulley, Wolilin, Mr. Speaker— 93.
Noes, nonQ.
So the Constitutional rule was suspended, and the bill read a
second time by its title.
Mr. Shirley introduced
House Bill No. "23. An act to amend an act for the granting of
divorces, nullification of marriages and decrees, and orders of Court
incidental thereto, approved May 13, 1852.
Which was read a first time.
Mr. Shirley moved to refer the bill to the judiciary committee.
AVhich motion prevailed.
Mr. Woollen introduced
House Bill No. 24. An act to provide designated depositories for
the safe keeping of the public funds in the State and several coun-
ties, and providing penalties for the enforcement thereof"
Which was read a first time.
Mr. Wilson, of Ripley, moved to refer the bill to the committee
on trust funds.
Which motion prevailed.
Mr. Wilson, of Ripley, introduced
House Bill No. 25. An act fixing the salaries of the Governor^
Judges of the Supreme Court, Judges of the Circuit Courts, Judges
of the Common Pleas Courts, and District Attorneys, and to repeal
section 4 of an act, entitled, "An act appointing commissioners to
sell certain real estate therein named, to provide a residence for the
Governor of the State, and to make him an allowance in lieu thereof
until the same is provided, and matters properly connected there-
Avith," approved February 25, 1865.
Which was read a first time.
Mr. Cowgill moved to refer the bill to the committee on fees and
salaries.
Which mot-ion prevailed.
Mr. Wilson, of Eipley, introduced
House Bill No. 26. An act to amend section 9 of an act, entitled,
'^An act providing for the election and qualification of justices of
the peace, and defining their jurisdiction, powers and duties in civil
cases," approved, June 9, 1852, and repealing all laws and parts of
laws in conflict therewith.
Which was read a first time.
Mr. Wilson, of Ripley, moved that the bill be referred to the
oommittee on the judiciary.
Which motion prevailed.
Mr. Wilson, of Ripley, introduced
House Bill No. 27. An act coneerning interest on judgment.s
Which was read a first time.
Mr. Wilson, of Ripley, moved to refer the bill to the judiciary
■committee.
- Which motion prevailed.
Mr. Martin introduced
House Bill No. 28. An act definingand extending the jurisdic-
of Courts of Common Pleas in civil cases.
Which was read a first time.
On motion.
The bill was referred to the judiciary committee.
Mr. Shirley introduced
House Bill No. 29. An act to amend sections 20 and 27 of an act
regulating the fees, salaries and duties of certain officers therein
78
named, and prescribing penalties for the violation of its provisions^
approved February 21, 187.1.
Which was read a first time.
On motion,
The bill was referred to the committee on fees and salaries.
Mr. Shirley introduced
House Bill No. 30. An act to amend section 445 of an act, en-
titled, "An act to revise and simplify, and abridge the rules, practice,
pleadings and forms in civil cases in this State, to abolish distinct
forms for the administration of justice in a uniform mode of proced-
ing and practice, without distinction between law and equity ,""
approved June 18, 1852.
Which was read a first time.
On motion.
The bill was referred to the committee on judiciary.
Mr, Shirley introduced
House Bill No. 31. An act in relation to public printing.
Which was read a first time.
On motion,
The bill was referred to the committee on printing.
Mr. Cauthorn offered the following resolution :
Resolved, That we heard with great pleasure, the able and exhaus-
tive message delivered in presence of the joint convention of the
Houses of this General Assembly, on Thursday last, by his Excell-
ency, Conrad Baker, and while there may not be perfect and entire
unanimity upon all the recommendations therein containing, yet, as
a whole, it commends itself to the judgments of this House, as an
able and reliable State paper.
Resolved, That the allusion made by his Excellency, to Norman
79
Eddy, late Secretary of State for Indiana, does credit to his past
reputation as a christian statesman, and meets with a hearty response
and approval from this House, and so beautifully and feelingly is
the allusion, that we are at a loss whether to admire more the senti-
ment expressed, or the emotional manner in which they found ex-
pression.
Resolved, That having expressed, during his administration the
disadvantage resulting from the parsimonious salary meted out t©
him, we appreciate more the unselfish spirit with which he en-
deavored to shield his successor in office, immediate and remote,
from like impositions.
Which was adopted.
Mr. Wood introduced
House Bill No. 32. An act to provide for the time of holding
the Court of Common Pleas in the Sixteenth Judicial District of this
State, and to repeal all laws in conflict therewith.
Which was read a first time.
On motion of Mr. Wood,
The bill was referred to a select committee, consisting of the fol-
lowing named gentlemen : L. D. Glazebrook, Gethro A. Hatch, J,
Crum packer.
Which motion prevailed, and the bill was so referred.
Mr. Wood introduced
House Bill No. 33. An act appropriating seventy-five thousand
dollars, to defray the expenses of the special session of 1872, of the
General Assembly of the State of Indiana.
Which was read a first time.
Mr. Heller moved to suspend the rules and the bill be read a
second time by its title.
The ayes and noes were taken under the Constitutional rule.
80
Those toko voted in the affirmative were, Ilessrs.
Anderson,
Hardesty,
Riggs,
Barrett,
Hatch,
Richardson,
Billingsley,
Heller,
Rumsey,
Bowser,
Henderson,
Satterwhite,
Blocher,
Hendrick,
Schmuck,
Bran ham.
Hollingsworth,
Scott,
Brett,
Hoyer,
Shirley,
Buskirk,
Isenhaur,
Smith,
Butterworth,
Johnson,
Spellman,
Broad us,
Jones,
Stanley,
Cauthoru,
Kimball,
Shutt,
Clark, ,
King,
Strange,
Clay pool,
Kirkpatrick,
Teter,
Cline,
Lenfesty,
Tingley,
Coffman,
Lee,
Thompson, of Spencer,
Cobb,
Lent,
Thompson, of Elkhart,
Cole,
Martin,
Thayer,
Cowgill,
Mellett,
Troutman,
Crumpacker,
Miller,
Tnlley,
Durham,
McKinney,
Walker,
Eaton,
McConnell,
Wilson, of Ripley,
Edwards, of Lawrence,North,
Wilson, of Blackford,
Ellsworth,
Odle,
Willard,
Eward,
Offut,
Wesner,
Gifford,
Ogden,
Wolflin,
Given,
Peed,
Woollen,
Glasgow,
Prentiss,
Wood,
Glazebrook,
Pfrimmer,
Woodard,
Goble,
Reeder,
Whitworth,
Goudie,
Reno,
Wynn,
Gregory,
Reeves,
Mr. Speaker— 94.
Gronendyke,
No Representative
voting in the negative,
So the bill was read a second time by its title.
Mr. Wilson, of Ripley, moved to consider the bill as engrossed,
and read a third time.
Which motion prevailed.
81
So the bill was read a third time and put upon its passage.
The question being, shall the bill pass.
Those lolio voted in the affirmative were, Messrs.
Anderson,
Hardesty,
Barrett,
Hatch,
Baxter,
Heller,
Billingsley,
Henderson,
Bowser,
He nd rick,
Bloeher,
Hoi lings worth,
Brett,
Hoyer,
Buskirk,
Isenhaur,
Butts,
Johnson,
Butterwortb,
Jones,
Broadus,
Kimball,
Cauthoru,
King,
Clark,
Kirkpatrick,
Claypool,
Leufesty,
Cline,
Lee,
Co if man,
Lent,
Cole,
Martin,
Cowgill,
Mellett,
Crum packer,
Miller,
Durham,
McKinney,
Eaton,
McConnell,
Edwards, of Lawreuce,North,
Ellsworth,
Odle,
Eward,
Offutt,
Gilford,
Ogden,
Given,
Peed,
Glasgow,
Prentiss,
Glazebrook,
Pfrimmer,
Goble,
Rudder,
Goudie,
Reno,
Gregory,
Riggs,
Gronend^'ke,
Reeves,
Richardson,
Rumsey,
Satterwhite,
Schmuck,
Scott,
Shirley,
Smith,
Spellman,
Stanley,
Schutt,
Strange,
Teter,
Tingley,
Thompson, of Spencer,
Thompson, of Elkhart,
Thayer,
Troutman,
Tulley,
Walker,
Wilson, of Ripley,
Wilson, of Blackford,
Willard,
Wesner,
Wolflin,
Woollen,
Wood,
Woodard,
Wiiitworth,
Wynn,
Mr. Speaker — 94.
No Representative voting in the negative.
So the bill passed.
H. J.— 6
82
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
Mr. Edwards, of Lawrence, offered the following resolution.
Resolved, That the Secretary of State be instructed to furnish each
member ol the House with one copy of the laws of the General
Assembly of 1871, and the Brevier Reports of 1871, and place the
same on the desks of the members.
Which was adopted.
Mr. Edwards, of Lawrence, offered
Joint Resolution No. 3. A joint resolution instructing and
requesting our Representatives in Congress to secure the passage of
a law to equalize the bounties of the soldiers and seamen of the
United States in the war of the rebellion.
Be it resolved by the General Assembly of the State of Indiana, That
our Senators be instructed and that our Representatives in Congress
be requested to use their influence to secure the passage of a law to
allow all honorably discharged soldiers and seamen of the army and
navy of the United States, who served in the war of the rebellion,
bounty at the rate of eight and one-third dollars per month for all
the time served, deducting therefrom the amount which they have
already received.
Resolved, That His Excellency, the Governor, be requested to
transmit a copy of the foregoing resolution to each of our Senators
and Representatives in the United States Congress from this State.
Which was read a first time.
Mr. Hardesty introduced
House Bill xso. 34. An act providing the number of petit jurors
necessary to find a verdict in civil and criminal cases in the State of
Indiana.
Which was read a first time.
On motion,
The bill was referred to the committee on the judiciary,
Mr. Billingsley offered the following resolution :
Resolved, That the Honorable Schuyler Colfax, a distinguished
citizen of Indiana, the Vice President of the United States, who is
now on a visit at the capital of the State, be invited to occupy a seat
within the bar of this House during his stay.
Which was adopted.
Mr. Johnson introduced
House Bill No. 35. A bill to amend an act entitled, " An act to
revise, simplify and abridge the rules of practice, pleadings and
forms in criminal actions in the courts of this State," approved June
17th, 1852.
Which was read a first time.
On motion,
The bill was referred to the committee on the judiciary.
Mr. Kimball introduced
House Bill No. 36. An act to amend section 1, 6, and 16, of an
act entitled an act to incorporate the Franklin Insurance Company,
approved February 13, 1851.
Which was read a first time.
On motion the bill v/as referred to the committee on Insurance.
Mr. King introduced
House Bill No. 37. A bill authorizing an appropriation of
money out of the State Treasury for the use of the Indiana Univer-
sity, located at Bloomington, Monroe county, in paying debts created
by borrowing money for current expenses in the years of 1870
and 1871.
Which was read a first time.
84
Mr. King introduced
House Bill No. 38. An act to ranend an act entitled an act to
incorporate the Indiana Fire and Marine Insurance Company.
Which was read a first time.
On motion the bill was referred to the committee on insurance.
Mr. Khjg introduced
House Bill No. 39. An act to amend section second, of an act
entitled "An act concerning the organization of voluntary associa-
tions and repealing former laws in reference thereto," approved Feb-
ruary 12, 1855, and declaring an emergency to exist.
Which was read a first time.
Mr. Henderson introduced
House Bill No. 40. A bill to repeal an act entitled "An act to
provide for the redemption of real property or any interest therein
sold on execution or order of sale, and providing for the issuing of
certificates of purchase in such cases, and for the execution of convey-
ances and re])ealiug all laws in conflict therewith," approved June
4,1861.
Which was read a first time. ^
Mr. Henderson introduced
House Bill No. 41. A bill to repeal an act entitled "An act to
authorize and encourage the construction of levees, dykes and drains,
and the reclamation of wet and overflowed lands by incorporated
companies and repeal all former laws relating to the same subject,
which act took effect May 22, 1869 ; also to repeal an act entitled,
" An act supplemental to an act to authorize and encourage the
construction of levees, dykes and drains and the reclamation of wet
and overflowed lands by incorporated companies, and to repeal all
former laws on the same subject," which act took effect May 22,
1869, and prescribing penalties for the violation of the provisions
thereof, approved February 23, 1871.
Which was read a first time.
85
On motion the bill was referred to the committee on swamp
lands.
Mr. Henderson presented the petitions of sundry citizens of St.
Joseph and Marshall counties on the subject of swamp lands.
Which was referred to the committee on swamp lands.
Mr. Woodard introduced
House Bill No. 42. An act repealing an act entitled "An act to
authorize aid to the construction of railroads by counties and town-
ships, taking stock in, and making donations to railroad companies,"
approved May 12, 1869.
Which was read a first time.
On motion.
The bill was referred to the committee on railroads.
Mr. Schmuck introduceu
House Bill No. 43. An act to repeal an act entitled " An act
providing for the redemption of real property, or any interest therein
sold on execution or order of sale, and providing for the issuing of
certificates of purchase in such cases, and^, for the execution of
conveyances, and repealing all laws in conflict therewith/' approved
June 4t.h, 1861.
Which was read a first time.
Mr. Peed oifered the following resolution :
Resolved, That the special committee, to whom was referred the
question of the number of papers and the amount of stamps and
stationery for the use of each member of the House, be discharged
from further consideration of the same.
Mr. Butterworth moved to lay the resolution on the table.
Which motion prevailed.
86
Mr. Peed introduced
House Bill No. 44, An act to repeal an act entitled " An act to
discourage the keeping of useless and sheep-killing dogs, and provi-
ding penalties for the violation of any of the provisions of said
act by officers and others, and also repealing an act to license dogs,"
approved March 11, 1861, and providing that nothing in this act
shall be so construed as to conflict with the provisions of an act
entitled "An act for the protection of sheep/' approved June 15,
1852, approved March 2, 1865.
Which was read a first time.
Mr. Speaker laid the following communication from the Governor
before the House :
To the Speaker of the House of Bepresentatives :
I have just received, and herewith transruit, the annual report of
the Trustees and Superintendent of the Institution for the Educa-
tion of the Blind for the year 1872. I respeclfully request that the
necessary resolution directing the piinting of the requisite number
of copies of the report may be passed at as early a day as practi-
cable.
Which, on motion,
Was referred to the committee on benevolent institutions.
Mr. Speaker presented the following report from the Auditor of
State :
IndianapoliSj November 18, 1872.
Hon. William K. Edwards,
Speaker of the House of Representatives :
In compliance with a resolution of the House, adopted on the 15th
instant, a copy of which is herewith endorsed, 1 have the honor to
submit the following :
87
The books of this office show that there has been audited in favor
of A. E. and W. H. Drapier, from 1861 to 1872 inclusive, as
follows:
During 1861 .$2,752.50
During 1862
During 1863
During 1864
During 1865 2,268.60
During 1866
During 1867 4,760.00
During 1868
During 1869 7,373.32
During 1870
During 1871 , . . ,
During 1872
Making a total during the twelve years ^20,154.42
It is perhaps proper to add that the same parties have, in addition,
presented for })ayment, bills on account of their reports for the last
Assembly which I declined to audit, and have not been paid for the
reason that no appropriation has been made therefor. I find no
•other payments on account of legislative reports.
Respectfully submitted,
JOHN C. SHOEMAKER,
Auditor,
Resolved, That the Auditor of State be, and is hereby instructed,
to communicate to this body the sums paid each year, for the past
twelve, to A. E. and W. H. Drapier, or others on account of paper,
reporting, publishing or binding, what is commonly known as the
Brevier Reports.
Which, on motion, was referred to a select committee of three,
consisting of the following named gentlemen; Messrs. Hardesty,
Richardson and Thayer.
Mr. Smith offered the following resolution :
Resolved, That the judiciary committee be requested to inquire
88
into the expediency of so amending the la^ of this State on th&
subject of the rights of married women as to enable them to con-
tract in reference to their sejiarate property, and to render themselves
liable therein to the same extent as if they were unmarried, either
with or without the consent of their husbands.
Which was adopted.
Mr. Smith introduced
House Bill No. i5. An act to amend section 1 of an act entitled
"An act fixing the per diem and mileage of members of the General
Assembly, secretaries, clerks, doorkeepers, and other employes
thereof," approved December 20, 186-5.
Which was read a first time.
Which, on motion, was referred to the committee on fees and
salaries.
Mr. Butterworth presented the petitions of sundry citizens of St.
Joseph county, asking for the repeal of the corporation draining^
laws.
Which, on motion, were referred to the committee on swamp lands^
Mr. Cole introduced
House Bill No. 46. A bill to repeal an act, entitled " An act
providing iur the protection of fish, and repealing all laws in con-
flict with the same, prescribing penalties for the violation thereof,"
approved, February 22, 1871.
Which was read a first time.
Mr. Rigg^ introduced
Hou'je Bill No. 47. An act to empower the Board of Trustees of
any incorporated town in this State, to appoint a town Attorney
deiinin^ l\is powers, duties and fees.
Which was road a first time.
On motion
The bill wa.s referred to the committee on corporations.
89
Mr. Butts offered the following resolution :
Resolved, That the committee on the judiciary be instructed to
inquire what farther legislation, if any, is necessary to secure a just
fair and equitable assessment of taxable property within this State, as
is required and contemplated by the Constitution of the State of
Indiana, and report by bill or otherwise.
Which was agreed to.
Mr. Butts introduced
House Bill No. 48. An act to provide for the regulation of the
running at large of all kinds of animals within the different town-
ships of the different counties of the State, and to provide for the
taking up, impounding and selling of such animals.
Which was read a first time.
On motion
The bill was referred to the committee on agriculture.
Mr. Cowgill introduced
House Bill No. 49. An act creating the Twenty-second Judicial
Circuit of Indiana, and fixing the time of holding Circuit Courts
therein.
Which was read a first time.
On motion the bill was referred to the (^ommittee on the Organi-
zation of Courts.
Mr. Odel introduced
House Bill No. 50. An act to amend the fifth section of an act
entitled " An act to discourage the keeping of useless and sheep-
killing dogs and providing penalties for the violation of any of the
•provisions of said act by officers and others, and also repealing an
act to license dogs," approved March 11, 18G1, and providing that
nothing in this act shall be be so construed as to conflict with the
provisions of an act, entitled " An act, for the protection of sheep,
approved June 15, 1852, prescribing the duties of township
90
trustees in relation thereto, adding an additional section and declar-
ing an emergency.
Whicli was read a first time.
On motion, the bill was referred to the committee on agriculture.
Mr. Speaker announced the following select committees.
Select committee on subjects, referred to in the Governor's
Message. •
The Late Norman Eddy — Messrs. Henderson, Butterworth,
Offutt, Wood and Cauthorn.
Tippecanoe Battle Ground — Messrs. Hollingsworth, Strange and
Cole.
Soldier's Monument — 1st Congressional District, Riggs; 2d,
Willard ; 3d, Goudie ; 4th, Offutt ; 5th, Kimball, Chairman ; 6th,
Edwards, of Lawrence ; 7th, Richardson ; 8th, Cowgill ; 9th,
Bowser; 10th, Glasgow; 11th. Hatch.
On motion of Mr. Off'ult,
The House adjourned until 2 o'clock, P. M.
Tuesday Afternoon,
November 19th, 1872, 2 o'clock.
The House met.
Orders of the da j.
Call of the House for the introducing of bills.
Mr. Baxter introduced
House Bill No. 51. An act to provide against the evils resulting
91
from the '^sale of intoxicating liquors in the State of Indiana,
prescribing penalties for the violation thereof^and to repeal all former
laws contravening the provisions of this act.
"Which was read a first time.
On motion,
The bill was referred to the committee on temperance.
Mr, Gregory offered the following resolution :
Whereas, It has come to the knowledge of this House that
there is an unexpended balance of eighteen thousand dollars
($18,000) of the appropriation made at the last term of the General
Assembly of the. State, to defrr.y the expenses of the same, now in
the hands of the Treasurer of State.
Resolved, That the sum be expended in defraying the expenses of
the present session of this Legislature of Indiana, and that it be
drawn out of the Treasury of State in the manner and form pro-
vided for by law.
Which was adopted.
Mr. Mellett asked leave to \vithdrav>? House Bill No. 1.
Which was agreed to, and said bill was withdrawn.
House Bill No. 2 was referred to the members of the Third Judi-
cial District.
House Rill No. 3 was referred to the committee on swamp lands.
House Bill No. 4 was referred to the committee on swamp lands.
House Bill No. 5 was referred to the committee on the judiciary.
House Bill No. 6 was referred to the committee on federal rela-
tions.
House Bill No. 7 v/as referred to the committee on the judiciary.
House Bill No. <S was referred to the committee on agriculture.
House Bill No. 9 was referred to the committee on printing.
92 . .
House Bill No. 10 was referred to the committee on county and
township business,
Mr. Reno introduced
House Bill No. 52. A bill providing for the taking of fish.
Which was read a first time.
Mr. King introduced
House Bill No. 53. A bill authorizing an appropriation of monej"
out of the Slate treasury to enable the Board of Trustees of Indiana
University, located at Bloomington, Monroe county, to erect build-
ings for the use of said University.
Which was read a first time.
On motion,
The bill was referred to the committee on education.
Mr. Mellett introduced
House Bill No. 54. An act to amend an act passed at the special
session of the General Assembly, begun on the 13th day of Novem-
ber, 1865, entitled "An act to secure a just valuation and taxation
of all railroad property within this State, to legalize the valuation,
assessment, adjustment and payment of taxes f^T such property made
subsequent to the year 1859, for the purpose of extending the pro-
visions of said act so as to secure a just valuation, assessment and
taxation of all property belonging to railroad companies within this
State, either now constructed or hereafter to be constructed from the
time of the completion of their lines of road until the first general
appraisement of tlie real property of the State next after such com-
pletion, to legalize assessments and payment of taxes heretofore made
under" existing laws and to extend certain provisions of the above
act of the special session of 1865 to the enforcement of this act, and
declaring an emergency.
Which was read a first time.
On motion,
The bill was referred to the committee on railroads.
93
Mr. Mellett introduced
House Bill No. 55. An act to amend an act entitled, "An act
to provide for a general system of common schools, the officers
thereof, and their respective powers and duties, and matters properly
<!onnected therewith and prescribing the fees for certain officers
therein named and for the establishment and regulation of township
libraries, and to repeal all laws inconsistent therewith, providing
penalties therein prescribed," approved March 6th, 1865, and add-
ing supplemental sections thereto.
Which was read a first time, and
On motion,
Referred to the committee on education.
Mr. Furnas introduced
House Bill No. oG. A bill authorizing the appropriation of
money out of the State treasury for the use of the Indiana Univer-
sity, located at Bloomington, Monroe county.
"Which was read a first time, and,
On motion,
Referred to the committee on education.
Mr. Hollingsworth introduced
House Bill No. 57. An act to prevent stock from running at
large and providing a penalty for permitting the same to run at large.
Which was read a first tirae and
Referred to the committee on agriculture.
Mr. Ogden moved that the House take a recess for the purpose of
receiving introductions to A-^ice President Schuyler Colfax.
Which motion prevailed.
On the House being called to order
Mr. Kimball was granted leave of absence for Wednesday and
Thursday.
Mr. Woodward offered the followins: resolution : ■ ■
94
Resolved, That the Doorkeeper be requested to procure suitable
rooms for the meetino: of the diflfereut committees and report to this
House as soon as possible.
Which was adopted.
Mr. Ogden submitted the following report of the committee oa
stationery, etc.
Mr. Speaker:
The committee appointed to fix the amount that shall be allowed
and paid to each member and officer of the House, for stationery
and postage stamps, and the number of newspapers to be furnished
to each member of the House, beg leave to submit the following
resolution :
Resolved, That each member of the House be authorized to draw
from the Secretary, Auditor and Treasurer of State, twenty-five dol-
lars worth of stationery and stamps; that the chairman of each
standing committee be authorized to draw from the Secretary, Audi-
tor and Treasurer of State ten dollars worth of stationery for
the use of his committee; that the Chief Clerk of the House be
authorized to draw from the said officers of State such stationery in
kind as may be necessary for the proper discharge of the duties of
his oflSce, and in an amount not exceeding the sum of fifty dollars;
that the Assistant Clei^k of the House be authorized to draw from
said State officers, such stationery in kind as may be necessary in
the proper discharge of the duties of his office, and in an amount
not exceeding the sum of seventy-five dollar, and that the Door-
keeper of the House be authorized to draw from said State officers
such stationery as shall be necessary in the proper discharge of the
duties of his office, and in an amount not exceeding the sum of ten
dollars.
Resolved, That the Doorkeeper of this House be authorized and
empowered to contract for and deliver to each member and elective
officer of this House, three copies each of the Indianapolis daily
Journal, Indianapolis daily Sentinel, daily Telegraph and weekly
Volksblatt, wrapped and stamped ; provided, that all such shall be
purchased at the lowest wholesale prices.
95
Mr. Kimball offered the followino; amendment.
That the Secretary of State be authorized to furnish each member
and elective officer of the House fifty dollars worth of stationery
and stamps.
Which was adopted.
The report as amended was then adopted.
Mr. Furnas moved to reconsider the vote on the adoption of the
report as amended and to lay that motion on the table.
A division of the question was demanded.
The Speaker stated the question to be to reconsider.
Mr. Kimball moved to lay the motion to reconsider on the table.
Whereupon the ayes and noes were demanded by Messi's. Bran-
bam and Reno.
Those who voted in the affi,rmaihe were, Messrs.
Anderson,
Gregory,
Ogden,
Barrett,
Gronendyke,
Peed,
Billingsley,
Hardesty,
llichardson,
Bowser,
Hatch,
Rumsey,
Buskirk,
Heller,
Spellman,
Broad us,
Henderson,
Shutt,
Cauthorn,
Isenhaur,
Strange,
Clark,
Johnson,
Teter,
Cline,
Jones,
Tingley,
CoiFman,
Kimball,
Thompson, of Spencer
Cobb,
King,
Thayer,
Cole,
Kirk}>atrick,
Tulley,
Cowgill,
Lee,
Walker,
Durham,
Lent,
Wesner,
Eaton,
' Martin,
"Wolfiin,
Eward,
Mellett,
Woollen,
Furnas,
Miller,
Wood,
Gilford,
McKinney,
Woodard — 56.
Goble,
Odle,
&G
Those who voted in the negative were, Messrs.
Baker,
Baxter,
Blocher,
Branham,
Brett,
Butts,
Biitterworth,
Claypool,
Crumpacker,
Glazebrook,
Go u die,
Hollingsworth,
Hoyer,
Lenfesiy,
McConnellj
North,
Offutt,
Prentiss,
Edwards, ofLawrence,Pfrimnaer,
Ellsworth, Rudder,
Given, Reno,
Glasgow, Reeves,
Satterwhite,
Schmuck,
Shirley,
Smith,
Stanley,
Thompson, of Elkhart,
Trout man,
Wilson, of Ripley,
Wilson, of Jay,
Willard,
Whitworth,
Wynn,
Mr. Speaker— 39.
So the motion to reconsider was laid on the table.
On motion of Mr. Gifford,
The House adjourned until to-morrow at 9 o'clock, A. M.
97
WEDNESDAY MORNING.
November 20, 1872, 9 o'clock.'
The House met pursuant to adjournment with the Speaker in the
■'Chair.
The Journal of yesterday was read in part, when on motion, the
further reading of the same was dispensed with.
Joint Resolution No. 3 was referred to the committee on federal
■relations.
House Bill No. 41 was referred to the committee on cities and
towns.
House Bill No. 12 was referred to the committee on the
judiciary.
House Bill No. 13 was referred to the committee on the
judiciary.
House Bill No. 14 was referred to the committee on the
judiciary.
House Bill No. 15 was referred to the committee on the
judiciary.
House Bill No. 17 was referred to the committee on the
judiciary.
House Bill No. 18 was referred to the committee on the
judiciary.
House Bill No. 19 was referred to the committee on the
judiciary.
House Bill No. 21 was referred to the committee on the
judiciary.
H. J.— 7
House Bill No. 37 was referred to the committee on educa-
tion.
House Bill No. 39 was referred to the committee of corpora-
tions.
House Bill No. 41 was referred to the committee on the
judiciary.
House Bill No. 43 was referred to the committee on the
judiciary.
House Bill No. 44 was referred to the committee on agriculture.
House Bill No. 46 was referred to the committee on rights and
privileges.
House Bill No. 52 was referred to the comittee on rights and
privileges.
Mr. Branham moved to take up House Bill No. 22, and that the
Eame be considered as engrossed, read a third time, and put upon
its passage.
Which motion prevailed and the bill was read a third time.
The question being, shall the bill pass?
Those who voted in the affirmative icere, Messrs.
Anderson,
Baker,
Barrett,
Billingsley,
Bowser,
Blocher,
Branham,
Brett,
Buskirk,
Butts,
Butterworth,
Brcadus,
Cauthorn,
Clark,
Ciiiie,
Coffraan,
Cobb,
Cole,
Cowgill,
Crumpacker,
Durham,
Eaton,
Goble,
Goudie,
Gregory,
Gronendyke,
Hardesty,
Hatch,
Heller,
Edwards, of Lawrence, Henderson,
E)llsworth, Hedrick,
Eward, Hollinsworth,
Furnas, Hover,
Giflord, Isenhaur,
Given, Johnson,
Gla.^gow, King,
Glazebrook, Kirkpatrick,
99
Lenfesty,
Reno,
Thompson, of Spencer,
Lee,
Reeves,
Thompson, of Elkhart,
Lent,
Richardson,
Thayer,
Martin,
Rumsey,
Trout man.
Mellett,
Satterwhite,
Tulley,
Miller,
Schrauck,
Walker,
McKinney,
Scott,
Wilson, of Jay,
McCounell,
Shirley,
Willard,
North,
Smith,
Wolflin,
Odle,
Spellman,
Woolen,
Offutt,
Stanley,
Wood,
Ogden,
Shutt,
Woodard,
Peed,
Strange,
Whitworth,
Prentiss,
Teeter,
Wynn,
Pfrimmer,
Tingley,
Mr. Speaker— 91.
Rudder,
No one voting in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
INTRODUCTION OF BILLS, PETITIONS AND EESOLUTIOiJ^S.
Mr. Bowser introduced
House Bill No. 58. An act to promote the science of medicine
and surgery, in the State of Indiana, and providing penalties for the
violation of its provisions.
Which was read a first time.
Which,
On motion.
Was referred to the committee on benevolent institutions.
Mr. Richardson offered the following resolution :
100
Whereas, Two suits were instituted in the Circuit Court of
Carroll county, Indiana, in the year 1868, by the State of Indiana,
on the relation of John D. Evans, Auditor of State of the State of
Indiana, against Joseph Evans and William Dunkle, executors of
Samuel Gi'imes, late of Carroll county, deceased, former Agent
appointed by the Legislature of this State, in the jear 1837, for the
management of that portion of the surplus revenue fund of 1836,
which was allotted to Carroll county ; for the recovery of certain
moneys in the possession of said executor, which belonged to said
surplus revenue fund, and,
Whereas, The records of said Carroll Circuit Court, show that
said suits were prosecuted to a final judgment, and that judgment
was obtained thereon, amounting in the aggregate to Si 5,699.04, for
the use of the State of Indiana on account of said surplus revenue
fund ; and,
Whereas, The records of said Court show that said Auditor of
State, John D. Evans, by his Attorney of Record in said suits,
receipted in full for said judgments, one on the 6th day of October,
1869, and one on the l'2th day of July, 1870; and.
Whereas, It appears from the records of the Auditor of the
State of Indiana, that only $700 of said money, so recovered, have
been accounted for and paid into the State treasury, for the use of
said surplus revenue fund ; therefore.
Resolved, That a special committee, consisting of five members of
this House, be appointed to investigate and inquire into the facts
set out in the preamble to this resolution, and that said committee be
empowered to send for persons and papers to aid them in such
investigations, and that they report their proceedings thereon to this
House without unnecessary delay.
Which was adopted.
Mr. Ellsworth introduced
House Bill No. 59. An act to amend section 6 of an act entitled
" An act to amend an act entitled ' an act providing for the election or
appointment of supervisors of highways, and prescribing certain of
101
their duties and those of county and township officers in relation
thereto/" approved March 5, 1859, approved December 20, 1865,
Which was read a fiTSt time, and
On motion,
Referred to the committee on roads.
Mr. Given introduced
House Bill No. 60. An act to provide for the assessment amd col-
lection of taxes for municipal purposes, on the shares of stock owned
in bank and banking- associations doinsr business in this State.
Which was read a first time, and
On motion.
Referred to the committee on banks.
Mr. Willard introduced
House Bill No. 61. An act to repeal an act entitled "An act to
create the Twenty-seventh Judicial Circuit, providing for the
appointment and election of a judge and prosecuting attorney
therein, and for their compensation, declaring the jurisdiction of the
courts in said circuit, and providing for a transfer of action thereto,"
approved April 23, 1869.
Which was read a first time, and,
On motion,
Was referred to the committee on organization of courts.
Mr. Willard introduced
House Bill No. 62. An act limiting the disposition of property
by the last will and testimony in certain cases, and providing to
what extent certain testamentary devise shall be valid, and repealing
all other acts and parts of acts inconsistent with this act.
AVhicli was read a first time, and referred to the committee on the
judiciary.
102
Mr. Willard offered the following resolution :
Resolved, That the Doorkeeper be instructed, in addition to the
daily papers already contracted for, to contract for five copies each
of the Weekly Journal and Weekly Sentinel, folded and stamped ;
and also for one copy each of the Saturday Morning Mirror and
and Sunday People, for the use of each member of this House.
Mr. Butts moved to lay the resolution on the table.
Which motion prevailed.
Mr. Troutman introduced
House Bill No. 63. An act to amend section 10, 11, 12, 14 and
26 of an act entitled "An act to provide for a general system of
common schools, the officers thereof, and their respective powers and
duties, and matters properly connected therewith, and prescribing
the fees for certain officers therein named, and for the establishment
and regulation of township libraries, and to repeal all laws inconsis-
tent therewith, providing penalties therein prescribed, and to repeal
all acts and parts of acts inconsistent with this act.
Which was read a first time anu referred to the committee oa
education.
The Speaker announced the following select committee in relation
to the State House and State grounds.
First District — Mr. Cauthorn.
Second District— Mr. Willard.
- Third District — Mr. Goudie.
Fourth District — Mr. Broaddus.
Fifth District— Mr. King.
Sixth District — Mr. Isenhaur.
Seventh District — Mr. Durham.
Eighth District — Mr. Anderson.
Ninth District — Mr. Wilson, of Jay.
Tenth District— Mr. Cobb, Chairman,
Eleventh District — Mr. Crumpacker.
103
Mr. Buskirk introduced
House Bill No. 64. An act making the first day of January, the
fourth day of July, the twenty-fifth day of December, Thanksgiving
day and the day of the general election of State and Presidential
holidays, and to regulate the maturity of commercial paper falling
due on said days.
Which was read a first time, and referred to the committee on
banks.
Mr. Isenhaur introduced
House Bill No. 65. An act to authorize Prosecuting Attorneys,
of Circuit Courts, to prosecute the pleas of the State in Justices'
Courts within the counties of their respective circuits, and regulate
their fees for such prosecutions before such Justices' Courts.
' Which was read a first time, and referred to the committee on the
judiciary.
Mr. Leufesty introduced
House Bill No. 66. An act to amend the 207th section of an act
to revise simplify and abridge the rules, practice, pleadings and forms
in civil cases in the Courts of this State, to abolish distinct forms of
action at law, and to provide for the administration of justice in a
uniform mode of pleading and practice without distinction between
law and equity, approved June 18th, 1852. That said section 207
of the act above referred to be, and the same is hereby amended to
read as follows :
Which was read a first time, and referred to the committee on the
-organization of courts.
Mr. Lenfesty offered the following resolution :
Resolved, That his Excellency Governor Baker, be requested to
furnish this House with the names and number of convicts in the
State of Indiana ; who have received the benefits of the pardoning
power, since the first day of January, 1871.
Which was adopted.
; ■ 104
Mr. Pfrimmer introduced " . " ;
House Bill No. 67, A bill making an appropriation of four hun-
dred and thirteen thousand, five hundred and ninety-nine dollars
and fifty-eight cents to pay the claims of sufferers by the Morgan,
raid.
Which was read a first time and referred to the committee on
claims.
Mr. OfFutt introduced
House Bill No. 68. An act to amend the seventh clause of sec-
tion 22 of an act entitled ^' An act for the incorporation of towns,
defining their powers, providing for the election of officers thereof.
and declaring their duties," ajjproved June 11, 1852.
Which was read a first time, and referred to the committee on.
temperance.
Mr. Kirkpatrick introduced
House Bill No. 69. An act in relation to the settlement of super-
visors of highways with township trustees, defining the time for set-
tlement.
Which was read a first time, and referred to the committee on
county and township business.
Mr. Kirkpatrick offered the following resolution :
Resolved, That in all cases where committees report favorably on.
any bill submitted for their consideration, this House does order that
the same be pi'inted in sufficient numbers to supply each member
with a copy thereof.
Which was read a first time.
Mr. Branlium intio:-luced
t
House Bill No. 70. An act to enable counties bordering on the
State lines, or rivers forming State boundaries, and townships and
cities therein to aid in the construction of railroads opposite such,
counties in otlier States to run to such counties, or to the State line
105
or^i'iver forming the State boundary bordering such counties, or to
form connections with other railroads in such counties, and pre-
scribing the duties of the officei's of such counties for that purpose,,
and authorizing such cities to issue bonds for such aid, and declar-
ing an emergency.
VISIT FROM VICE PRESIDENT COLFAX.
The reading of the above bill was interrupted by a motion from
Mr. Cauthorn, that the House take a recess in order to receive Vice
President Colfax, who was then in the body of the hall.
The motion was agreed to. ■
Mr. Colfax ascended the Speaker's desk, and was introduced by
the Speaker.
He said that on the occasion of his visit on the previous
day, he had asked the Speaker to return to the House his thanks
for the courtesy extended to him, and had congratulated himself
when leaving the hall, that for once he had escaped from a deliber-
ative body, without the necessity of inflicting a speech upon the
members. He had come in to-day to see the members from his
county, Messrs. Butterworth and Henderson, and some other friends,
and had no thought of making a speech. He would, therefore, be
brief. He wished again to return his thj.r.ks to the House, for the
very courteous manner in which they had unanimously tendered him
its privileges, during his brief stay in the city. As a citizen of the
State he was proud of his Indiana citizenship, and proud of this
representative body, (so universally spokeu of here in the highest
terms of praise), which has the guarding of its interest in its hands.
In visiting the Hall of Representatives, he was reminded of the
incident in his early public career, when he sat there as a member of
the State Constitutional Convention. Many who met with him
tiiere had, both before and since, filled important positions in the
political history of the State, have passed away, but many of them
still remain. Among those he instanced Judge Petit, of the Supreme
Court, at that time a conspicious leader in the then dominant
Democratic party; Mr. Hendricks, the Governor elect of the State^
between whom and himself the most cordial and friendly relations
had existed from their meeting here in that Convention, in ISoO, till
106
the present time; Judge Holman, the Representative in Congress
from the Third District; Judge Biddle, Robert Dale Owen, Judge
Dunn, Mr. Newman, General Dunn, and others.
The predictions so freely made at the time that Convention was
engaged in its deliberations, that by their action the members were
digging their political graves, had, happily, so far as many were
concerned, not been realized, as many of them had been prominently
connected with public affairs since.
Many provisions engrafted in our State Constitution by that
Convention the State has since outgrown, and many others were then
considered novel. He was glad to be able to say that many of the
reforms then adopted, were afterwards copied by older States.
Especially worthy of mention in this connection, was the clause
prohibiting special legislation, and requiring all corporate bodies to
be formed under the provisions of general laws, so that the rights of
the poor might be guarded, and special privileges and rights denied
to the rich and powerful. Though the Constitution adopted by that
body, was at the time an honor to the State, she has since, in many
respects, outgrown it.
It would be remembered by many of those present that a few
years previously, at the time referred to by him in the Senate yester-
day, when in 1843 he commenced public life here as a reporter, the
State was almost bankrupt, although now happily free from debt,
growing and prosperous. But even at that darkest hour in her
history, when scarcely able to raise the means necessary to defray the
current expenses of her government, when she was compelled to
issue scrip which was hawked about tlie State at a heavy discount,
even then the Legislature relying upon the great heart of the people,
had levied taxes for the establishment of benevolent institutions,
v/here those whose minds had been overthrown could be ministered
unto, where the blind could be made to almost see, and the dumb to
almost speak ; and, although the State, in her poverty, was then
almost a by-word, her people without distinction of party, had
indorsed this action of the Legislature, and no taxes have been more
cheerfully paid then and since. He believed that noble and philan-
thropic action had brought God's blessing Avith it, and to it might
be attributed, in great measure, the subsequent prosperity of the
State. For State or citizen, receiving the " blessings of those who
are ready to perish," will surely receive an abundant reward.
As citizens of Indiana, we were more interested in the develop-
ment of her great resources, the advancement of her material pros-
107
perity, and her progress in all that is wise and just, than in mere
questions of party triumph, and he had high hopes that their
deliberations would tend to these results. Invoking the blessing of
Him who holds in his hands the destinies of States and nations,
upon their deliberations, and again thanking them for the courtesy
shown him, Mr. Colfax closed amidst the applause of the members.
On calling the House to order,
The bill introduced by Mr. Branhara was read a first time and
referi'ed to the committee on railroads.
Mr. Branham introduced
House Bill No. 71. An act to amend section 60 of " An act
entitled an act to repeal all general laws now in force for the incor-
poration of cities, prescribing their powers and rights, and the
manner in which they shall exercise the same, and to regulate such
other matters as properly pertain thereto,^' approved March 4th,
1867.
Which was read a first time and referred to the committee on
corporations.
Mr. Branham introduced
House Bill No. 72. An act relating to Criminal Circuit Courts,
and to create the Twenty-ninth Judicial Circuit, providing for the
appointment and election of a Judge and Prosecuting Attorney
therein, and providing compensation therefor, declaring the juris-
diction of said Court, and providing for a transfer of action thereto.
Which was read a first time and referred to the committee on
organization of courts,
Mr. Branham presented a petition from sundry citizens of Jeffer-
son county in relation to the organization of a Criminal Court in
said county.
Mr, Woollen offered the following rosolution :
Whereas, His Excellency the Governor, has not taken, since the
1st of January last, any compensation under the law, approved
108
February 25th, 1845, providing a residence for tbe Governor of the
State, and to make him an allowance in lieu thereof, until the same
is provided, therefore.
Resolved, That the committee on the Judiciary be dii'ected to
report to this House whatever bill is necessary to enable His Excel-
lency to draw such compensation from said 1st day of January last
to the expiration of the term of his office.
Which was adopted.
Mr. Wilson, of Ripley, introduced
House Bill No. 73. An act fixing the per diem and mileage of
members of the General Assembly, and providing that they shall
provide their own stationery.
Which was read a first time.
Mr. Wood introduced
House Bill No. 74. An act to amend section- 90 of an act
entitled " An act to revise, simplify and abridge the rules, practice,
pleadings and forms in criminal actions in the courts of this State,"
approved June 17th, 1852.
Which was read a first time, and referred to the committee on the
judiciary.
Mr. Glazebrook presented a petition from sundry citizens of
Starke county, asking for the repeal of draining acts.
Which was referred to the committee on swamp lands.
Mr. Edwards, of Lawrence, offered the following resolution :
Besolved, That the certificates of election of the several members
be referred to the committee on election.
Which was adopted.
Mr. King offered the following resolution :
Resolved, That three thousand coj)i( s of the annual reports of the
trustees of each of t!ie following named institutions for the year
109
ending October 31, 1872, be printed for the use of this House, includ-
ing one thousand copies for distribution, respectively, to-wit : The
Hospital for the Insane, the Institute for the Blind, and the House
Refuge. Authority for printing reports of the Institution for the
Deaf and Dumb is now provided by law.
Which was adopted. ^
Mr. Hardesty introduced
House Bill No. 75. A bill to authorize and regulate the incor-
poration of banks of discount and deposit in the State of Indiana.
Which was read a first time, and referred to the committee on
corporations.
Mr. Strange introduced
House Bill No. 76, An act to amend an act entitled "An act to
■enable owners of wet lands to drain und reclaim them, where the
same can not be done without affecting the land of others, and prescrib-
ing the powers and duties of county boards and county auditors in
the premises, and repealing all laws inconsistent therewith,"
approved March 11, 1867, by amending sections one (1,) three (3,)
four (4,) six (6,) nine (9,) eleven (11,) twelve (12.)
Which was read a first time, and refierred to the committee on
swamp lands.
Mr. Woodard introduced
House Bill No. 77. An act concerning promissory notes, bills of
exchange, bonds, or other instruments in writing, signed by any
person who promises to pay money or acknowledges money to be
due at a named place, or who promises to deliver personal property,
or perform any other act in relation thereto at a named place, pro-
viding for the enforcement of such contracts before justices of the
peace of the township in which such place is situated, service of
process, limitation of jurisdiction of the justice as to amount, repeal-
ing all laws in conflict with same, and declaring an emergency.
Which was read a first time and
Referred to the committee on the judiciary.
liO
Mr. Smith introduced
House Bill No. 78. An act to amend section ten of an act entitled,
" An act to provide for the erection of a new prison north of the
National Road, election of officers therefor, making an appropriation^
and for the regulation of the same/' approved March 5, 1859.
Which was read a first time and
Referred to the committee on fees and salaries.
Mr. Glasgow introduced
House Bill No. 79. An act entitled, " An act to amend section
BIX, ten and twenty of an act entitled an act to amend an act pro-
viding for the election and appointment of supervisors of highways
and prescribing certain of their duties and those of county and
township officers relating thereto," approved December 20, 1863.
Which was read a first time and
Referred to the committee on roads.
Mr. Hollingsworth introduced
House Bill No. 80. An act to prevent the spread of the thistle
common to this country, and prescribing penalties for suffering the
same to mature upon farms, out-lands and highways.
Which was read a first time and
Referred to the committee on agriculture.
Mr. Walker introduced
House Bill No. 81. An act to amend sections two, three, four
and six, of an act entitled " An act to provide for the relocation of
county seats, and for the erection of public buildings in counties in
case of such relocation, approved, March 2, 1865, and to amend sec-
tion two of an act amendatory of said act, approved, December 18,
1865, and to amend section two of an act amendatory of an act,
approved, February 24, 1869.
Whi' h was read a first time and referred to the committee on the
oro;anization of courts.
Ill
The following message was received from the Senate, by the Secre-
tary thereof :
Mr. Speaker :
I am directed by the Senate to inform the House, that the Senate
has passed the following concurrent resolution, to vrit:
Resolved by the Senate, the House of Rejoi^esentatives concurring,
That this General Assembly of the State of Indiana, will, on the
second Tuesday after the meeting and organization thereof, to wit :
On Tuesday, November 26, 1872, at twelve o'clock meridian, of
said day, by a viva voce of each member present of each house of this
General Assembly, proceed to elect a Senator in Congress to repre-
sent the State of Indiana in Congress, whose term of office shall
commence at the expiration of the present term of office of Senator
Morton, a copy of the same is hereby transmitted to the House.
Mr. Woodard moved to suspend the regular order of business and
take up the concurrent resolution of the Senate upon the subject of
the election of United States Senator.
Which motion prevailed.
The question being, shall the concurrent resolution be concurred
in
Those who voted in the afirmative were, 3Iessrs.
Anderson,
Baker,
Baxter,
Billingsley,
Bowser,
Blociier,
Bran ham,
Brett,
Butts,
Butterworth,
Broadus,
Cau thorn,
Clark,
Claypool,
Cline,
Cofi'man,
Cobb,
Cole,
Cowgill,
Crumpacker,
Durham,
Eaton,
Gilford,
Given,
Glazebrook,
Goble,
Goudie,
Gregory,
Gronendyke,
Hardesty,
Hatch,
Edwards, of Lawrence,Heller,
Ellsworth, Hendrick,
Eward, Hollingsworth,
Furnas, Hoyer,
112
Isenhaur,
, Reeder,
Thompson, of Spencer'
Johnson,
Reno,
Thompson, of Elkhart,
King,
Reeves,
Thayer,
Kirkpatrick,
Riggs,
Troutman,
Ijenfesty,
Richardson,
Tulley,
X.ee,
Rumsey,
Walker,
Martin,
Satterwhite,
Wilson, of Ripley,
Mellett,
Schmuck,
Wilson, of Jay,
Miller,
Scott,
Willard,
McKinney,
Shirley,
Wesner,
McConnell,
Smith,
Wolflin,
North,
Spelhnan,
Woollen,
Odle,
Stanley,
W^ood,
Offutt,
. - Shutt,
Woodard,
Ogden,
Strange,
Whitworth,
Peed,
Teter,
Wynn,
Preutiss,
Tiugley,
Mr. Speaker — 91.
Pfrimmer,
Mr. Barrett voting in the negative.
So the concurrent resolution was adopted.
The following message was received from the Senate, by the Clerk
thereof:
Me Speaker :
I am directed by the Senate to inform the House that the Senate
has passed the following Engrossed House Bill, to-wit :
An act appropriating seveilty-five thousand dollars to defray the
expenses of the special session of 1872, of the General Assembly
the State of Indiana, and the same is herewith transmitted to the
House.
On motion, of Mr. Walker,
Messrs. Miller and Shirley were added to the committee on the
judiciary.
Mr. Ogden was granted leave of absence until Friday.
On motion.
The House adjourned until 9 o'clock to-morrow morning.
113
THURSDAY MORNING.
November 21, 1872, 9 o'clock.
The House met pursuant to adjournment, with the Speaker in the
chair.
The Journal of yesterday was read in part, when
On motion,
The further reading of the Journal was dispensed with.
Mr. McConnell was granted leave of absence tor one day.
The Speaker announced the following special committee on the
resolution of Mr. Richardson, on the subject of the suit of John D.
Evans and William Dunkle, executors of Samuel Grimes, late of
Carroll county, deceased : Messrs. Gregory, Ellsworth, Henderson
Billingsly and Edward.
EEPORTS FEOM STANDING COMMITTEES.
Mr. Walker, chairman of the committee on the judiciary, made
the following report :
Mr. Speaker :
Your committee on the judiciary to whom was referred House
Bill No. 27 entitled an act concerning interests on judgments, have
had the same under consideration, and have directed me to report
the same back to the House, and recommend its passage.
Which report was concurred in.
I H. J.— 8
114
Mr. Shirley, from the coramittee on the judiciary, made the
following report:
The committee on the judiciary , having had under consideration
House Bill No. 15, an act to amend section 70 of an act entitled
"An act providing for the election and qualification of justices of the
peace, and defining their jurisdiction, powers and duties in civil
cases," approved June 9, 1<%2, have directed me to report the same
back to the House with the recommendation that the same be passed.
Which report was concurred in.
Mr. Wilson, of Ripley, from the committee on the judiciary,
submitted the following report :
Mr. Speakee:
The committee on the judiciary, to wdiom was referred House Bill
No. 7, introduced by Mr. Given, entitled, "An act providing that
Justices of the Peace shall have exclusive jurisdiction in certain
cases of misdemeanors, and repealing all acts in conflict with this
act," have had the same under consideration, and instructed me to
report tlie same back to the House, with the following amendments,
viz.: Insert the word '' original " before the word "-jurisdiction"
in the first section of said act, and also before the word "jurisdic-
tion " in tlie title to said act, and when so amended, said committee
recommend that the same do pass.
Which report was concurred in.
Mr. Miller, from the committee on the judiciary, submitted tha
following report :
Mr. Speaker . ,
The committee on the judiciary, to whom was referred House Bill
No. 18, entitled "An act to amend the thirteenth section of an act
in relation to county treasurers," approved, June 4, ]852, have had
the same under consideration, and direct me to report it back to the
House with the recommendation that the same be indefinitely post-
poned ; your committee being of the opinion that the present law is
sufficient.
E-eport concurred in, and bill indefinitely postponed.
115
Mr. Cauthorn, from the committee on the judiciary, submitted the
following report :
Me. Speaker:
The committee on the judiciary, to whom was referred House Bill
INo. 26, entitled " An act to amend section nine of an act, entitled
* An act providing for the election of Justices of the Peace, etc.,'"
approved, June 9, 1852, have had the same under consideration, and
have instructed me to report the bill back to the House, with the
following amendment, to wit : To section nine, as amended, add
the following, viz.: " Provided, That all suits shall be brought in
the township where the defendants, or one of them, resides, or in the
township where the debt was contracted, or the contract made," and
when so amended, the committee recommend that the bill do pass.
Which was concurred in.
Mr. Lenfesty, chairman of the committee on federal • relations,
submitted the following report :
Tiie standing committee on federal relations, to which was refer-
red Joint Resolution No. 3, instructing our Senators and requesting
our Representatives in Congress to use their influence in securing
a law, equalizing bounties, have instructed me their chairman, to
report the same back to the House without amendment and with a
recommendation that the same pass.
Which was read a first time, and ordered to be engrossed.
Mr. Butterworth, chairman of the committee on swamp lands,
submitted the following report :
Me. Speakee:
The committee on swamp lands, to which was referred House Bill
No. 3, entitled, "An act to repeal an act for the construction of
levees, dykes and drains, by incorporated companies and associa-
tions, which act took effect May 22, 1869; and also to repeal an act
supplemental thereto, approved February 23, 1871, have had the
same under consideration, and report the same back to the House,
and recommend its passage.
116
Which report was concurred Id, and the bill was read a second
time, and ordered to be engrossed.
Mr. GifFord, chairman of committee on cities and towns, sub-
mitted the following report :
The committee on cities and towns, report back House Bill No. 9,
with a recommendation that it lie on the table.
Which was concurred in.
I
Mr. Walker, chairman of the committee on the judiciary, sub-
mitted the following report;
Mr. Speaker:
Your committee respectfully ask leave to report that at their
meeting, held November 20, 1872, the following preamble and reso-
lution were unanimously adopted :
Whereas, Their Honors, the Judges of the Supreme Court, in
their communications of November 15, 1872, kindly tendered this
committee the use of their consultation rooms, with light, fuel, etc.,
and also the use of the law library of the Supreme Court; and.
Whereas, by accepting the kind offer of their Honors, this
committee is provided with comfortable, commodious and elegant
accommodations ; therefore,
Resolved, That for the kindness, consideration, and generosity of
their Honors, the Judges of the Supreme Court, w^e hereby tender
them the sincere thanks of this committee.
Resolved, That the Secretary of this committee present a copy of
these resolutions to their Honors, the Judges of Supreme Court.
Which was concurred in.
Mr. Cobb, chairman of the committee on enrolled bills, submitted
the following report:
Mr. Speaker:
The committee on enrolled bills, to whom was referred Enrolled
Act of the House of Eepresentatives No. 33, entitled "An act
117
appropriating sevent^'-five thousand dollars to defray the expenses
of the special session of 1872, of ihe General Assembly of the State
of Indiana," have carefully compared the same with the engrossed
copy, and in all things find the same properly enrolled.
Which report was concurred in.
Mr. Furnas, chairman of the committee on agriculture, submitted
the following report :
Mr. Speaker:
Your committee on agriculture to whom was referred House Bill
l^o. 8, being a bill to prevent hunting and shooting on grounds
without consent of the owner or occupant thereof, and providing a
penalty for the violation of the same, have had .said bill under con-
sideration, and recommend that it be put upon its passage.
Mr. Cautiiorn offered the following amendment:
That the l)ill be recommitted to the committee on rights and priv-
ileges, with instructions to so amend the bill that the complaint shall
be made by the owner of the property.
Mr. Wiliard offered the following amendment to the amendment:
That the bill be so amended as to make provision that the person
to take advantage of this bill shall post up a notice that no hunting
is allowed ou such land,
Mr. Lenfesty moved to lay the amendment to the amendment on
the table.
Which motion prevailed.
Mr. Lenfesty moved to lay the motion on the table.
Which motion prevailed.
The question being, shall the report of' the committee be con-
curred in?
It was so ordered.
Mr. Henderson presented two petitions from sundry citizens of
118
St. Joseph county, praying for the repeal of the odious provisions of
the draimug laws.
Which petitions were referred to the committee on swamp lands.
Mr. Furnas, chairman of the committee on agriculture, submitted
the following report :
Mk. Spbakee:
Your committee on agriculture, to whom was referred House Bill
No. 44, being a bill to repeal the tax on dogs, have had the same
under consideration, and direct me to return the same and recom-
mend that it be indefinitely postponed.
INTRODUCTION OF BILLS, PETITIONS, AND RESOLUTIONS.
Mr. Heller offered the following resolution :
Resolved, That one copy each of the Journal and Sentinel be
furnished the members unfolded.
Which was adopted.
Mr. Barrett introduced
House Bill No. 82. An act to repeal an act, entitled "An act
providing for the protectionfof fish, and prescribing penalties."
Which was read a first time r.nd
Referred to the committee on rights and privileges.
Mr. Gifibrd introduced
House Bill No. 83. A bill for an act providing for the health and
safety of persons employed in the coal mines of Indiana.
Which was read a lirst time and
Refernd to the following select committee: Messrs. Giffbrd,
Schmuck, Lee, Woodward, and CoflFman.
119
f
Mr. Given introduced
House Bill No. 81. An act to provide for the assessment and
collection of taxes on the gross amount of premiums received by any
foreign insurance company doing life, fire, river, or marine insurance
in this State, and providing penalties for the violation thereof.
Which was read a first time and
Referred to the committee on insurance,
Mr. Miller oifered the following resolution :
Whereas, A joint resolution was passed by this House January
26, 1871, directing his Escpllency the Governor, to take charge of a
a suit .then pending in the Putnam Circuit Court, upon the informa-
tion of John C. Robinson, Prosecuting Attorney, vs. the Terre
Haute and Indianapolis Railroad Company, for the recovery of a
sum of money due the State, in trust for the School Fund, for an
amount said to exceed one million dollars; and,
Whereas, The printed Journal of the Senate does not show that
said resolution was ever transmitted to or acted upon by said body,
and this House has received no information as to the result of such
litigation ; be it, therefore.
Resolved, That his Excellency, the Governor, is hereby respect-
fully requested at his earliest convenience to inform this House what
steps he has taken, if any, in reference to such litigation, together
with all information in his possession in relation thereto ; and what
litigation, if any, is necessary to enable the State to recover such
sum as may be due such School Fund from said road.
Which was adopted.
Mr. Miller introduced
House Bill No. 85. An act to amend section ten (10) and eleven
(11) of an act, entitled " An act, regulating the g;ranting of divorces,
nullification of marriages and decrees and orders of Court incident
thereto," approved May 13, 1852.
Which was read a first time and
Referred to the committee on the judiciary.
120
Mr. Mellett introduced :
House Bill No. 86. An act for the protection of certain birds
therein named and their eggs, and affixing a penalty for its violation.
Which was read a first time and
Referred to the committee on agriculture.
Mr. Mellett introduced
House Bill No. 87. An act to amend an act entitled, " An act to
provide for a general system of common schools, the officers thereof,
and their respective powers and duties, and luatter© properly con-
nected therewith, and prescribing the fees for certain officers therein
named, and for the establishment and regulation of township libra-
ries, and to repeal all laws inconsistent therewith, proYiding penalties
therein prescribed," approved March 6, 1865, and adding supple-
mental sections thereto.
"Which was read a first time and
Referred to the committee on education.
Mr Thompson, of Elkhart, pre?!ented a petition from sundry
citizens of St. Joseph county, praying the repeal of the draining laws.
Which was referred to the committee on swamp lands.
Mr. Lenfesty introduced
House Bill No. 88. An act to provide for the registration of
births, marriages and deaths in the State of Indiana.
Which was read a first time and
Referred to the committee on statistics and emigration.
Mr. Isenhaur introduced
House Bill No. 89. An act to amend sections forty-nine and
eighty-seven of an act providing for the settlement of decedents'
estates, prescribing the rights, liabilitifs and duties of officers con-
nected with the management thereof and the heirs thereto, and cer-
tain forms to be used in such settlement, approved June 17, 1852.
Which was read a first time and
Referred to the committee on the judiciary.
121
Mr. Lenfesty presented a petition from sundry citizens of the
, State praying for the passage of a law providing for the correct reg-
istration and permanent record of marriages, births and deaths,
occurring in the State.
Which was referred to the committee on statistics and emigration.
Mr. Rumsey introduced
House Bill No. 90. An act touching public square in towns laid
out, platted and recorded, with public grounds not specifically
dedicated, and the matters therewith connected.
Which was read a first time and
Referred to the committee on rights and privileges.
Mr. Cobb introduced
House Bill No. 91. An act to amend an act, entitled " An act
concerning Promisory Notes and Bills of Exchange," approved May
12, 1852, and an act, entitled ''An act, concerning Promisory Notes,
Bills of Exchange, Bonds or other instruments of writing signed by
any person who promises to pay money or acknowledges money to
be due, or for the delivery of any specific articles, or to convey
property, or to perform any stipulations therein mentioned, and
repealing all laws in conflict therewith," approved March 11, 1861.
Which was read first time and
Referred to the committee on the judiciary.
Ml'. Baxter presented a memorial of the Indiana Yearly Meeting
of the Religious Society of Friends, in relation to matters connected
with the subject of prison reform.
Which was referred to the committee on reformatory institutions.
Mr. Baxter introduced
House Bill No. 92. An act to amend an act, entitled " An act,
to establish a House of Refuge for the correction and reformation of
juvenile offenders," approved March 8, 1867, and repealing section
eleven (11) of said act.
Which was read a first time and
Referred to the committee on benevolent institutions.
122
Mr. Baxter introduced
House Bill No. 93. An act to amend section sixteeil of " An act
to enable persons wliose wives are insane to convey real eatate/'
approved March 2, 1857.
Which was read a first time and
Referred to the committee on the judiciary.
Mr. Wynn introduced
House Bill No. 94. An act to divide the State of Indiana into
Congressional Districts.
Mr. Wynn moved to lay tjie bill on the table, and that two
hundred copies of the same be printed.
Which motion did not prevail.
Mr" Wynn moved to lay the bill on the table.
Which motion did not prevail.
The bill was read a first time, and referred to the committee on
elections.
Mr. Braaham offered the following concurrent resolution :
Whereas, A bill is now pending in the Congress of the United
States, for the division of the District of Indiana into two judicial
districts, creating a new district of that portion of the. State lying
south of the counties of Wayne, Henry, Hancock, Marion, Hen-
dricks, Putnam, Parke and Vermillion, and,
Whereas, The public interest do not require a new district in
this State, as the amount of business is not greater than can be
readily disposed of by the present judicial force, and the multipli-
cation of districts greatly increases the expenses of the general
government, and the burdens of the public; and.
Whereas, The proposed new district, so far as the great body of
the people within its limits are concerned, will occasion great incon-
venience by compelling parties, witnesses, jurors and councel to
travel a much greater distance than now, by a circuitous route, and
at greatly increased expense ; therefore, be it
123
jResohed, By the Senate and House of Representatives of llie
General Assembly of the State of Indiana, that our Senators be
instructed, and our Representatives in Congress be requested, to
oppose the passage of any such bill.
That the Governor be requested to cause copies of this joint reso-
lution to be certified to the said Senators and Representatives.
Which was concurred in.
Mr. Cauthorn offered the following resolution :
Besolved, That the Senate be respectfully requested to so amend
the concurrent resolution adopted by them on yesterday, on the
subject of electing a United States Senator, as to indicate that the
said election shall be conducted in conformity with the act of Congress
on the subject.
Which was adopted.
Mr. Cauthorn introduced
House Bill No. 95. An act authorizing cities and towns incorpo-
rated under the authority of the State of Indiana, to make and
adopt a survey and plat thereof, when there is no sufficient survey
and plat thereof, and to authorize such cities and towns to adopt any
survey and plat thereof already made, and declaring an emergency.
Which was read a first time, and referred to the committee on
cities and towns.
Mr. Teeter presented a petition from sundry citizens of LaPorte
county, praying a repeal of the odious provisions of the draining
laws.
W^hich was referred to the committee on swamp lands.
Mr. Edwards, of Lawrence, introduced
House Bill No. 96. An act to repeal an act entitled " An act to
authorize aid to the construction of railroads by counties and town-
ships taking stock in and making donations to railroad companies,"
approved JNlay 12th, 18G7, and declaring an emergency.
124
Which was read a first time and referred to the committee on
railroads.
Mr. Billingsley introduced
House Bill No. 97. An act to amend the forty-seventh section of
an act entitled " An act to provide for the opening, vacating and
change of highways."
Which was read a first time and referred to the committee on
roads.
ISIr. Johnson introduced
Plouse Bill No. 98. An act to make certain specific appropria-
tions therein mentioned.
Which was read a first time and referred to the committee on
ways and means.
Mr. King offered the following concurrent resolution:
Be it resolved by the House of Representatives, the Senate con-
Gurring therein ; First, That the wardens and directors of the State
prisons be, and they are hereby directed and instructed not to extend
the time of the present contracts for the labor of convicts, nor to
make any new contracts extending for a longer time than those now
in force, until after the adjournment of the regular session of this
General Assembly.
2. Resolved, That the standing committees of the Senate and
House of Representatives on the State Prisons be, and they are here-
by instructed to meet together as a joint committee, and as such
joint committee, they are hereby instructed to consider the necessity
of establishing a system of graded prisons, and that they report
thereon by bill or otherwise.
Which was adopted.
Mr. King introduced
House Bill No. 99. An act to authorize incorporated cities con-
taining a population of thirty thousand or over, to effect loans and
to issue bonds.
125
Which was read a first time, and referred to the committee on
cities and towns.
Mr. King introduced
House Bill No. 100. An act relative to the laying out, opening,
widening, altering and vacation of streets, alleys, and highways, and
for changing or altering of water courses by the cities of this State,
and providing for the appointment of commissioners to assess bene-
fits and damages, prescribing their duties and the method of pro-
cedure, and providing for the collection of benefits and payment of
damages, and prescribing the duties of city officers in relation there-
to, and providing remedies in such matters.
Which was read a first time and referred to the committee on
cities and towns.
Mr. Satterwhite introduced
House Bill No. 101. An act to protect the citizens of the State
of Indiana from empiricism, and elevate the standing of the medi-
cal profession.
Which was read a first time and ref rred to the committee on
rights and privileges.
Mr. Shirley introduced
House Bill No. 102. An act requiring judges having jurisdic-
tion over probate matters in their respective counties, to examine
annually as to the solvency of the bonds of executors, administra-
tors and guardians, and authorizing and requiring said judges in
certain cases to require said executors, administrators and guardians
to execute additional bonds, and prescribing the duties of the clerk
of said probate court therein.
Which was read a first time, and referred to the committee on the
judiciary.
Mr. Reeves offered the following resolution ;
Resolved, That the committee on roads be attthorized to employ
a person in the capacity rt" -^^erk and janitor to said committee, to
be retained so long as in tiie judgment of such committee his ser-
vices may be necessary.
Which was not adopted.
Mr. Tiugiey introduced
House Bill No. 103. An act to amend sections one, seven, and
eight of an act to establish a house for the maintenance of sick
and disabled Indiana soldiers and seamen and their orphans
and widows," a})proved March 11, 1867, and section two, of an act
supplernentary thereto, approved May 14, 1869.
Which w^as read a first time, and referred to the committee on
scientific and benevolent institutions.
Mr. Butts offered the following resolution:
Besolved, That the committee on education be requested to
inquire into the propriety of electing three directors to each school
district instead of one, whose duty shall be to select and employ the
teacher, dismiss the same if necessary, and report by bill or other-
wise.
Which w^as adopted.
Mr. Holliugsworth offered the following resolution :
Whereas, This House passed a resolution that on the assembling
of the House each day there be a time not to exceed ten minutes
devoted to divine worship; therefore,
Resolved, That the Speaker, immediately after calling the House
to order each morning, announce that a time not to exceed ten min-
utes will be observed for divine worship ; and further.
Resolved, That in the absence of special provisions, any one present
feeling it to be his duty to offer vocal prayer, will be at liberty to do
so.
Which was adopted.
127
Mr. Wolflin offerred the following resolution :
Resolved, That each member of the House be supplied with a
printed copy of the regular standing committees appointed by the
Speaker.
Which was adopted.
Mr. Barker was granted an indefinite leave of absence.
On motion,
The House adjourned until to-morrow morning at 9 o'clock.
128
FRIDAY MORNING.
November 22, 1872, 9 o'clock.
The House met pursuant to adjournment, with the Speaker in the
Chair.
Prayer was offered by the Rev, H. A. Edson, of the Second Pres-
byterian Church of Indianapolis.
The Journal of yesterday was read in part, when
On motion,
The further reading was dispensed with.
The following message was received from the Senate by the Secre-
tary thereof.
Mr. Speaker:
I am directed by the Senate to inform the House, that the Presi-
dent of the Senate has signed enrolled House Act No. 33, to wit:
An act apppropriating seventy-five thousand dollars to defray the
expenses of the special session of 1872 of the General Assembly of
the State of Indiana, and the same is hereby returned to the House.
The following message was received from the Senate by the Secre-
tary thereof:
Mr. Speaker:
I am directed by the Senate to inform the House that the Senate
has adopted the following concurrent resolutions of the House, to
Avit :
Besohed, By the House of Representatives, the Senate concurring
129
therein, that there be printed, in pamphlet form, eiglit thousand
copies of his Excellency Governor Baker's message; fifteen hundred
copies thereof shall be printed in the German language, and that one
thousand copies of said message be delivered to the Governor for his
own use and the remainder thereof be distributed pro rata among^
the members of the General Assembly for circulation.
The following message was received from the Senate, by the Secre-
tary thereof:
Mr. Speaker: •
I am directed by the Senate to inform the House that the Senate
has passed the following resolutions, to wit:
Joint Resolution No. 5. Whereas, A bill is now pending in the
Congress of the United States, for the division of the District of
Indiana into two Judicial Districts, creating a new district of that
portion of the State lying south of the counties of Wayne, Henry,
Hancock, Marion, Hendricks, Putnam, Parke and Vermillion ; and
Whereas, The public interests no not require a new district
in this State, as the amount of business is not greater than can
readily be disposed of by the present judicial force, and the multipli-
cation of district greatly increases the expenses of the general gov-
ernment and the burdens of the public ; and
Whereas, The proposed new district, so far as the great body of
the people within its limits are concerned, will occasion great incon-
venience, by compelling parties, witnesses, jurors and counsel, to
travel a much greater distance than now, by a circuitous route, and
at greatly increased expense, therefore
Be it resolved, by the Senate and House of Representatives of the
Genercd Assembly of the State of Indiana, That cur Senators be
instructed, and our Representatives in Congress be requested, to
oppose the passage of any such bill. Second, that tlie Governor be
requested to cause copies of this joint resolution to be certified to the
said Senators and Representatives. With the following title as aa
amendment, to wit :
A joint resolution instructing our Senators, and requesting our
Representatives to vote against any measuie in- Congress to divide
H. J.— 9
130
the State into two or more Judicial Districts, and respectfully recom-
mend that it be adopted as a joint resolution. '
The followinjoj message was received from the Senate, by the
Secretary thereof:
I am also directed by the Senate to inform the House, that the
Senate adopted the following concurrent resolution of the House,
to wit :
CONCURRENT RESOLUTION RELATING TO THE STATE PRISONS,
1. Be it Resolved, By the House of Representatives, the Senate
concurring herein : That the Wardens and Directors of the State
Prisons be and the same are hereby directed and instructed not to
extend the time of the present contracts for the labor of the convicts,
nor to make any new contracts extending for a longer time than
those now in force, until after the adjournment of the regular session
of this General Assembly.
2. Resoloed, That the standing committees of the Senate and
House of Representatives, be and they are hereby instructed to meet
together as a joint committee, and as such joint committee they are
hereby instructed to consider the necessity and propriety of estab-
lishing a system of graded prisons, and that they report therein by
bill or otherwise.
Mr. Dial, (Stephen D.), presented his certificate of election, and
Avas sworn into office and granted indefinite leave of absence on
account of sickness in his family.
Mr. Mclvinney was granted leave of absence until Monday.
Mr. Barrett was granted leave of absence until Tuesday next.
REPORTS FROM STANDING COMMITTEES.'
- Mr. Walker, chairman of the committee on the judiciary, submit-
the following report :
131
Mr. Speaker :
Your committee on the judiciiry, to whom was referred House
Bill No. 34, entitled an act providing the number of petit jurors
necessary to find a verdict in civil and criminal cases in the State of
Indiana, have had the same under consideration, and have directed
me to report the same back to the House with the recommendation
that it be indefinitely postponed.
Which was concurred in.
Mr. Walker, chairman of the committee on the judiciary, submit-
ted the following report:
Mr. Speaker :
Your committee on the judiciary, to whom was referred House
Bill No. 65, entitled "An act to authorize prosecuting attorneys of
circuit courts to prosecute the pleas of the State in justices' courts
within the counties of their respective circuits, and regulate their
fees for such prosecution in said courts," have had the same under
consideration, and have directed me to report the same back to the
House, with the recommendation that it lie on the table.
Which was concurred in.
Mr. Miller, irom the committee on the judiciary, submitted the
fol 1 o w i n g rep o r t :
Mr. Speaker :
The committee on the judiciary, to whom was referred House Bill
No. 77, entitled "An act concerning promissory notes, bills of ex-
change, bonds, or other instruments in writing, signed by any
person who promises to pay money, or acknowledges money to be
due, at a named place, or who promises to deliver personal property^,
or perform any other act in relation thereto, at a named place pro-
vided for the enforcement of such contracts before justices of the
peace of the township in which such place is situated ; service of
process ; limitation of jurisdiction of justices as to amount; repeal-
ing all laws in conflict with the same, and declaring an emergency,"
have had the same under consideration and direct me to report the
132
same back to this House, with the recommendation that it be in
definitely postponed.
Which was concurred in.
Mr. Cauthorn, from the committee on the judiciary, submitted
the following report :
Me. Speaker:
The committee on the judiciary, to whom was referred House
Bill No. 12, entitled, ''An act to exempt two months wages or
salary from garnishee process and foreign attachment," have in-
structed me to report the bill back to the House, with the recom-
mendation that the bill be indefinitely postponed.
Which was concurred in.
Mr. Ogden, from the committee on the judiciary, submitted the
following report:
Mr. Speaker :
The committee on the judiciary, to whom was referred House
Bill No. 19, entitled "An act to enable husband and wife, or either
of them, to be a witness for or against the other, or oh behalf of any
party, in certain cases," have had the same under consideration and
recommend that the same be indefinitely postponed.
Which was concurred in. ^
Mr. Wilson, from the committee on the judiciary, submitted the
following report :
.Mr. Speaker :
Your committee on the judiciary, to whom was re fered House Bill
No. 43, entitled " An act to repeal ^n act providing for the redemp-
tion of real property or any interest therein sold on execution or
order of sale, and providing for the issuing of certificates of pur-
chase in such cases, and for the execution of conveyances and repeal-
ii g all laws in conflict therewith," approved June 4th, 1861, have had
the same under consideration, and instruct me to report the same
back to the House with the following amendment, viz.:
133
Strike out the proviso in said act and insert in place thereof the
following: '^ Provided, however, that the provisions of this act
shall not eflect or apply to sales made or to be made on judgments
or decrees rendered on contracts existing at the time this act takes
effect," and when the same is so amended said committee recommend
that it pass.
Which report was concurred in, amendment adopted and the bill
read a seooud time and ordered engrossed.
Mr. Johnson, from the committe on the judiciary, submitted the
following report :
Me. Speaker:
Your committee, to whom was referred House Bill No, 40, entitled
a bill to repeal an act entitled '' An act providing for the redemption
of real property or any interest therein sold on execution or order of
sale, and providing for the issuing of certificate of purchase in such
case, and for the execution of conveyances and repealing all laws in
conflict therewith," have instructed me to report that they have fully
considered said bill and the same is herewith returned to the House
with the recommendation that it be indefinitely postponed.
Which report was concurred in.
Mr. Buskirk, from the committee on the judiciary, submitted the
following report :
Me. Speakee :
The committee on the judiciary submit the following report to the
House : That said committee has had under consideration House
Bill No. 28, entitled "An act defining and extending the jurisdic-
tion of Common Pleas Courts in civil cases," and now report said
bill back to the House with the recommendation that the same
be indefinitely postponed.
Which was concurred in.
Mr. Hoyer, from the committee on the organization of courtSj
submitted the following report :
134
Mr. Speaker:
Your committee on the organization of courts, to whom was
referred House Bill No. 81, have had the same under consideration,
and instruct me to report the same back to the House, with a
recommendation that it pass. • /
Which report was concurred in, and the bill read a second time,
and ordered to be engrossed.
Mr. OfFutt, from the committee on the organization of courts,
submitted the iollowing report:
Mr. Speaker:
The committee on the organization of courts, to whom was referred
House Bill No. 49, an act creating the Twenty-second Judicial
Circuit of the State of Indiana, and fixing the time of holding
Circuit Courts therein, introduced by Mr. Cowgill, of Wabash, have
had the same under consideration, and direct me to report the same
back to the House, with a recommendation that the same pass
without amendment.
Which was concurred in, and the the bill was read a second time,
and ordered to be engrossed.
Mr. Glasgow, from the committee on the organizat'^n of courts,
submitted the following report :
Mr. Speaker:
Your committee on organization of courts of justice, to whom
•was referred House Bill No. 72, entitled "An act in relation to
Criminal Circuit Courts, and to create the Twenty-ninth Judicial
Circuit, providing for the appointment and election of a Judge and
Prosecuting Attorney, and providing compensation therefor, declar-
ing the jurisdiction of said court, and providing for transfer of
actions thereto," have had the same under consideration, and herewith
report the same back, with a recommendation that it pass.
Which was concurred in, and the bill was read a second time, and
ordered to be eng-rossed.
lo5
Mr. Cowgill, from the commiUee on the organization of courts,
submitted the following report :
Mjb. Speaker:
Your committee on organization of courts, to whom was referred
House Bill No. 66, entitled '' An act to amend section 207 of the
Practice Act," have had the same under consideration, and would
respectfully recommend that the bill be indefinitely postponed.
Which was concurred in.
Mr. Given, from the committee on education, submitted tha
following report : *
Mr, Speaker :
The committee on education to whom was referred House Bill
'No. 37, to authorize an appropriation of eight thousand dollars
to the debts contracted by the trustees of the Indiana University
in paying the necessary expenses of conducting the same, report the
same back, without recommending its passage.
Which was concurred in and the
Bill was read a second time and ordered to be engrossed.
Mr. Cauthorn moved to refer House Bill No. 8 back to the
committee on agriculture, with the instruction that the committee
incorporate the amendment ofFerred by that gentleman on yesterday.
Which motion prevailed.
Mr. Claypool, from the committee on county and township busi-
ness, submitted the following report
Mr. Speaker :
The committee on county and township business to was referred
House Bill No. 69, an act, entitled, "An act in relation to the
settlement of supervisors of highways, with township trustees defin-
ing the time for settlement, have had the same under consideration
and have directed me to reported the same back with the recom-
mendation that it pass.
136
Which report Avas concurred in, and the bill read a second time,
and ordered to be engrossed.
Mr. Cowgill, chairman of the committee on mileage and acconnts,
submitted a report, which was referred back to said committee for
further correction.
Mr. Giffbr<l, chairman of the committee on cities and towns^
submitted the following report :
The com.mittee on cities and towns report that they have had ander
consideration House Bill No. 95, " An act authorizing cities and
towns incorpoi'ated under the authority of the State ot Indiana to
make and adopt a survey and plat thereof, etc/' and the committee
respectfully recommend that the same be ordered to be engrossed.
Which was concurred in and the bill w^as read a second time and
ordered to be engrossed.
Mr. Willard, from the committee on cities and towns, submitted
the following report:
The committee on cities and towns report that they have carefully
examined the provisions of House Bill No. 99 entitled, "An act to
authorize incorporated cities containing a population of thirty thou-
sand or over to make loans and issue bonds," and the committee
respectlully recommend that the bill be amended by the insertion of
the words "ten thousand" in the place of the words "thirty thou-
sand" where ever they occur in the title or body of the bill, and the
committee further recommend, that with these amendments the bill,
be ordeied to be engrossed.
Which report was concurred in, •
The amendments adopted and the Bill was read a second time and
ordered to be engrossed.
Mr. Broaddus, from the committee on engrossed bills, made the
following report :
Me. Speaker:
The committee on engrossed bills of the House of Representatives
137
Lave compared House Bills Nos. 3, 7, 15, 26 and 27, and find them
in all respects properly engrossed.
Mr. Furnas, from the committee on agriculture, submitted the
following report.
Mr. Speaker:
The committee on agriculture, to wliom was recommitted House
Bill No. 8, with unanimous leave of the House to amend the bill,
have had said bill under consideration and have amended the same
by adding to section one the following proviso, to wit :
Provided, That no prosecution shall be commenced under the
provisions of this act unless the same shall be commenced by the .
owner or occupant of the premises entered upon.
And when the same is so amended they recommend that the bill
do pass. ^
Which report was concurred in and
The bill was read a second time and ordered to be engrossed.
Mr. Cauthorn moved that House Bill No. 73 be returned to the
House without recommendation from the committee.
Which raotion prevailed.
Mr. Willard offered the following amendment:
That in place of the words "from and after its passage " in section
2, there be inserted the words " from and after the first day pf Jan-
uary, 1873."
Which amendment was laid on the table.
Mr. Cline offered the following amendment.
Amend by striking out eight dollars where it occurs, and insert
seven dollars.
Which amendment was laid on the table.
138
Mr. Willard moved the previous question,
"Which on motion prevailed,
And the bill was read a second time and ordered to be engrossed.
The following message was received from the Govener by his
Private Secretary, John M. Commons.
Me. Speaker :
I am directed by the Governor to inform the House that he has
ap])roved and signed Enrolled Act of the House No. 33, entitled
*'An act appropriating seventy-five thousand dollars to defray the
expenses of the Special Session of 1872, of the General Assembly
of the State of Indiana, and that the said act has been deposited in
the office of the Secretary of State.
The following communication was received from the Governor by
his Private Secretary, John M. Commons.
Mr. Speaker:
By direction of the Governor, I have the honor to transmit here-
with a communication in reply to the resolution of the House,
calling for information touching a suit pending in the Putnam Cir-
cuit Court against the Terre Haute & Indianapolis Railroad Co., for
the recovery of a sum of money alleged to be due to the School
Fund of the State from said company.
The following communication was received from the Governor by
his Private Secretary, John M. Commons :
Gentlemen of the House of Representatives :
I have the honor to acknowledge the receipt of a copy of a
preamble, and resolutions passed by the House of Representatives
on the 21st instant, of which the following is a copy, viz :
Whereas, A joint resolution was passed by this House, January
26, 1871, directing His Excellency, the Governor, to take charge of
a suit then pending in the Putnam Circuit Court, upon the informa-
139
tion of John C. Robinson, Prosecuting Attorney vs. the Terre
Haute & Indianapolis Railroad Company, for the recovery of a sum
of money due the State in trust for the School Fund, for an amount
«aid to exceed one million dollars and
Whereas, The printed Journal of the Senate does not show
that said resolution was ever transmitted to, or acted upon by said
body, and this house has received no information as to the result
of such litigation, be it therefore
Mesohcd, That his Excellency the Governor, is hereby respectfully
requested at his earliest convenience, to inform this Plouse, what
steps he has taken, if any, in reference to such litigation, together
with all information m his possession in relation thereto, and what
litigation, if any, is necessary to enable the State to recover such
sum as may be due such school fund from said road.
In response I beg leave respectfully to state, that no action has been
tak(2n by me, under the supposed joint resolution, because it was incom-
plete and inoperative, for the reason that it never passed the Senate,
and more especially because it was never brought to ray attention
until now, I never knew or heard of any suit having been brought by
John C. Robinson, Prosecuting Attorney, against the Terre Haute
and Indianapolis Railroad Company, for the recovery of any sum of
money due to the State, in trust for the school fund. Mr. Robinson
at sometime within the last two years, informed me that he had, as
Prosecuting Attorney, filed an information in the Putnam Circuit
Court, against the Terre Haute and Indianapolis Railroad Company
to procure a judgment, declaring its franchises forfeited on account
of an alleged failure to comply with its charter in not paying into
the school fund of the State, a certain proportion of its profits or
earnings. Mr. Robertson suggested that it might be necessary to
take depositions in the case, and wished to learn from me whether I
could or would provide the means to pay for the taking of the depo-
sitions. I informed him that if he would eertify to me in his ofticial
capacity, that the interest of the State required that money should
be advanced for taking the testimony, I would advance from the
contingent fund a reasonable amount for that purpose. Mr. Robin-
sou never afterwards requested the advance, nor did he again speak
to me on the subject, and I have no information as to what disposi-
tion has been made of the suit. I have never examined the questions
involved in the alleged claim of the State, against the railroad com-
140
pany, and am, therefore, unprepared to give any opinion in relation
thereto, and my duties are now so pressing and multifarious as to
prevent me from investigating the matter. I trust the legal questions
involved will be referred either to the Attorney General or to the
judiciary committee of the House.
Respectfully submitted,
CONRAD BAKER,
Governor.
The following.commuuication was received from the Governor, by
his Private Secretary, John M. Commons:
Mr. Speaker :
By the directions of the Governor I have the honor to transmit
herewith a communication, accompanied by a memorial of the Bar
Association of the State of Indiana :
Gentlemen of the House of Representatives :
In compliance with the request of a committee of the Bar Associ-
ation of the State of Indiana, I herewith respectfully transmit a
memorial of said association in relation to the improvement of the
judicial system of this State. I have not had time, myself, to exam-
ine tlie memorial ; but the source from whii^h it emenates will secure
for it, I feel assured, that careful consideration to which it is entitled.
The following message was received from the Senate by the Sec-
retary thereof:
Mr. Speaker:
1 am directed by the Senate to inform tlie House that the Senate
has adopted the following joint rules, as adopted by the House^
to wit :
1. While bills and joint resolutioiis are on their passage between
the two Houses, they shall be on paper, under the signatures of their
clerks, resjiectively.
2. After a bill or joint resolution shall have passed both Houses,
141
it shall be duly enrolled on paper, and the Clerk of the House where
it originated shall endorse upon the back thereof the House in
which it originated, under which he shall place his signature.
3. Every bill, or joint resolution, after being enrolled, shall be
examined by the joint committee of enrolled bills, consisting of three
from the Senate and six from the House, appointed as a standing
committee for that purpose; oneof whom, on the part of the Senate,
and two from the House, shall be sufficient to act, who shall com-
pare the same with the engrossed bill, and correct errors they may
discover, so as to make it agree therewith, and make their report
forthwith to their respective Houses.
4. Every bill or joint resolution reported to have been duly
■eni'olled, shall be signed, first, by the Speaker of the House of
Representatives, who shall send the same to the Senate, then by the
President of the Senate, after which it shall be presented by joint
committee of enrolled bills to the Governor, for his approbation and
signature; and the said committee shall report to their respective
Houses the day of their presentation; which report shall be entered
on the Jouimal of each House.
5. All bills and joint resolutions shall be signed by the Speaker
of the House of Representatives and the President of the Senate,
in their Houses respectively when iu session, which shall be care-
fully noted on the Journals of each House.
6. When any paper or papers, proper to be acted upon by both
Houses, shall come before either, the House before which such paper
or papers are laid, shall, after acting thereupon, lay it or them before
the other House.
7. In every case of an amendment of a bill agi'eed to in one
House, and dissented to in the other. If either House shall request
a conference, and appoint a committee for that purpose, and the
other House shall also appoint a committee to confer; such committee
shall, at a convenient hour, to be agreed upon by their chairman,
meet in the conference chamber, and state to each other, verbally or
in writing, as either shall choose, the reason of their respective
Houses for or against the amendment, and confer freely thereon, and
rejDort to each House their proceedings thereon. A committee of
conference shall consist of two members from each House. After
142
each House shall have adhered to their disagreement, a bill or
resolution should be lost.
8. In all cases wheic the Sergeant-at-arms of one House shall,
by reason of official engagement or other cause, be unable to execute
the commands or process of the House of which he is an officer, it
shall be the duty of the Sergeant-at-arms of the other House, to
execute such commands, together with such process as may be
directed to him by the presiding officer thereof.
9. The following standing committees on the part of each House
shall be appointed to act as joint committees : A standing committee
on enrolled bills, to consist of six on the part of the House and
three on the part of the Senate; a committee on public buildings, to
consist of three members from each House; a committee on State
library, to consist of three members from each House; a committee
on canal funds, to consist of three members from each House.
10. In all elections which require a distinct and separate vote of
each House the voting shall be simultaneous in both houses. No
person shall be deemed to be elected in the proper House making
such separate choice, unless he receives a majority of all the votes
given in such House. Each House shall, as soon as a choice shall be
made on such separate voting, forthwith communicate the same to the
other House, and if it shall appear that the Houses have concurred
in their choice of any or either of the persons so voted for, such
person or persons shall be deemed and declared duly elected ; but if
the Houses do not concur in the choice of each and all the officers
to be elected tlierein, in such case the tv-o Houses shall in like man-
ner forthwith proceed to a second separate choice of the remaining-
officers so attempted to be elected ; but if no concurrence then be
had, the two Houses shall iu like manner proceed to a third separate
choice. If the two Houses shall not have coiicurred in their third
separate choice, the two Houses shall proceed to a joint vote^
instavter, inr the election of such officer or officers, as the two
Houses may have failed for w^ant of concurrence, as aforesaid, to
elect.
11. In all joint conventions and meetings of the two Houses it
•shall be incompetent for either House, or the members thereof, or
the joint convention, to engage in the transaction of any business
other than that for which they were specifically assembled.
143
12. When a message is sent to the Senate or to the Houre of Rep-
resentatives, it shall be announced at the door by the Sergeant-at-
Arras, or by the Doorkeeper, and it shall be respectfully communi-
cated to the Chair by the person by whom sent.
13. Messages shall be sent by such persons as the President of the
Senate or Speai^er of the House may designate for that purpose.
14. No. bill that shall have passed one House shall be sent for
concurrence to the other on the last two days of the session.
15. When bills, which shall have passed one House, are ordered .
to bo printed in the other, a greater number of copies shall not be
printed than may be necessary for the use of the House making the
order.
16. No spirituous liquors shall be offered for sale or exhibited
within the Capitol or on the public grounds adjacent thereto.
Mr. Gregory, Chairman of special committee, submitted the
following report :
Mr. Speaker :
Your committee, to whom was referred the resolution of the Hon»
John S. Richardson, of Carroll county, in reference to the investi-
gation of certain matters relative to the discrepancy of money paid
into the State treasury recovered from the executors of Samuel
Grimes, deceased, direct me to ask this House to cause to be issued
process, under the signature of the Speaker of this House, for the
following named persons, to wit: Charles B. Garrett, Deputy Clerk
of the Circuit Court of Carroll county, Indiana, and to bring with
him a certified copy of the papers and the record in the two cases
instituted in said court by the State of Indiana on the relation of
John D. Evans, Auditor of the State of Indiana vs. Joseph Evans
and William Dunkle, executors of the last will and testament of
Samuel Grimes, deceased, in the Circuit Court of Carroll county^
Indiana, William Dunkle, Joseph Grimes, Edward B. Daily, Judsoii
Applegate, all oi Delphi, Carroll County, Indiana; John D. Evans,
ex- Auditor of State, of Indianapolis, Indiana, and John C Shoe-
maker, present Auditor of State, and to bring with him a certified
copy of the amount paid into his office by Joseph Simms or any
144
other person, of tlie money recovered by the State of Indiana from
the executors of Samuel Grimes, deceased, late of Carroll county;
and that said process be made returnable upon Tuesday, December
3d, 1872, at 2 o'clock p. m., and the above parties are to appear at
the time last aforesaid, before said committee at the city of Indian-
apolis, to answer such questions as may be asked them by said
committee, in relation to the money recovered as aforesaid and not
accounted for, as appears on record ; and that a special messenger be
appointed by the Speaker to serve said process and have said
persons and papers at the time and place last aforesaid ; and that the
committee be authorized to secure a clerk for the committee, to take
down evidence and other writing for the committee, November 21st,
1872.
Which was concurred in.
Mr. Glazebi-ook, chairman of the special committee, to whom was
referred House Bill No. 32, submitted the following report :
Me. Speaker : .
The special committee, to whom was referred House Bill No. 32,
entitled '* An act to fix tlie time of holding the Court of Common
Pleas in the Sixteenth Judicial District, and repealing all laws in
conflict therewith," having had the same unoler consideration, direct
me to report the same back and recommend that it be put upon its
passage.
Which was read a second time. -
Mr. Wood moved to suspend the rules and that the bill be con-
sidered as engrossed, read a third time and put upon its passage.
The ayes and noes being taken under the constitutional rule.
Those who voted in the affirmative were, Messrs.
Anderson, Brett, Claypool,
Barrett, Buskirk, Coffman,
Baxter, Butts, Cobb,
Billingsle}^, Butterworth, Cole,
Bowser, Broadus, Cowgill,
Blocher, Cauthorn, Crumpacker,
Bran ham, Clark, Dial,
145
Durham,
King,
Scott,
Eaton,
Kirkpatrick,
Shirley,
Eward,
Lenfesty,
Smith,
Edwards, of Lawr
ence,Lee,
Stanley,
Ellsworth,
Lent,
Slmtt,
Fur .
Martin,
Strange,
GiiFord,
Mellett,
Teter,
Given,
Miller,
Tingley,
Glasgow,
McKinney,
Thompson, of Spencer,
Glazebrook,
McConnell,
Thompson, of Elkhart,
Goble,
North,
Thayer,
Goudie, -
Odle,
Troutman,
Gregory,
Offutt,
Tulley,
Gronendyke,
Ogden,
Walker,
Hardesty,
Peed,
Wilson, of Ripley,
Hatch,
Prentiss,
Wilson, of Jay,
Heller,
Pfrimmer,
Willard,
Henderson,
Reeder,
Wesner,
Hendrick,
Reno,
Woollen,
Hollingsworth,
Reeves,
Wood,
Hoyer,
Richardson,
Woodard,
Isenhaur,
Rumsey,
Whitworth,
Johnson,
Satter white,
Wynn,
Jones,
Schniuck,
Mr. Speaker~93.
No one voting in the negative, so the rules were suspended.
The bill was read a third time.
The question being, shall the bill pass?
Those who voted in the a-ffirmative were, Ifessrs.
Anderson,
Brett,
Cline,
Baker,
Buskirk,
Coffman,
Barrett,
Butts,
Cobb,
Baxter,
Butterworth,
Cole,
Billingsley,
Bowser,
Blocher,
Broad us,
Cauthorn,
Clark,
Cowgill,
Crumpacker,
Dial,
Branham,
H. J.
—10
Claypool,
Durham,
146
Eaton,
. Kirkpatrick,
Shirley,
Edwards, of Lawrence,Lenfesty,
Smith,
Ellsworth, ^
Lee,
Stanley,
Eward,
Lent,
Shutt,
Eurnas,
Martin,
Strange,
Gifford,
Mellett,
Teeter,
Given,
Miller,
Tingley,
Glasgow,
McKinney,
Thompson, of Spencers-
Glazebrook,
McConnell,
Thompson, of Elkhart J,
Goble,
North,
Thayer,
Goudie,
Odle,
Trontman,
Gregory,
Offutt,
Tulley,
Gronendyke,
Ogden,
Walker,
Hardesty,
Peed,
Wilson, of Ripley,
Hatch,
Prentiss,
Wilson, of Jay,
Heller,
Pfrimmer,
Willard,
Henderson,
Eeeder,
Wesner,
Hedrick,
Reno,
Woollen,
Hollinsworth,
Reeves,
Wood,
Hoyer,
Richardson,
AVoodard,
Isenhanr,
Rumsey,
Whitworth,
Johnson,
Satterwhite,
Wynn,
Jones,
Schmuck,
Mr. Speaker — 94.
King,
.
There being no one
voting, in the negative
So the bill passed.
The question being, shall the title as read, stand as the title of the
bill?
It was so ordered.
Mr. Barrett offered the following resolution :
Resolved, That the committee on education be requested to
diligently inquire into the affairs of the Purdue Agricultural
College and ascertain what appropriation if any is necessary to
complete that institution.
Which was adopted.
147
Mr. Barrett presented a petition from James F. Dillie in relation
to employment by this House.
Which petition was referred to the committee on employes.
Mr. Barrett offered the following resolution :
Resolved, That the officers of this House give employment to
James F. Dillie as a page or in the folding department.
Which was referred to the committee on employes.
House Bill No. 3 was read a third time.
Mr. Rumsey offered the following resolution and amendment:
Resolved, That House Bill No. 3 be recommitted to the commit-
tee on drains and dykes, with instruction to amend section — as fol-
lows :
Resolved, That this shall not effect draining associations organized
under this act ; the length of any line of which is twenty miles and
under.
Mr. Cline moved to lay the same on the table.
Which motion prevailed.
Mr. Shirley offered the following resolution :
Resolved, That the bill be referred to the judiciary committee
with instructions to enquire into the propriety of including a section
therein saving any rights that may have vested under the bill.
Which was adopted, and the bill was so referred.
On motion,
The House adjourned until 2 o'clock p. M,
148
friday afternoon.
November 22, 1872, 2 o'clock.
The House met pursuant to adjournment, with the Speaker in the
chair.
Mr. Henderson moved a call of the House.
Those who answered to their names were, Ilessrs.
Anderson,
Baker,
Barrett,
Baxter,
Bowser,
Blocher,
Bi'anham,
Brett,
Buskirk,
Butterworth,
Broadus,
Oauthorn,
Clark,
Claypool,
Cline,
Coli'man,
Cobb,
Crum packer.
Dial,
Durham,
Eaton,
Goudie,
Gronendyke,
Hardesty,
Hatch,
Heller,
Henderson,
Hendrick,
Hollingsworth,
Hover,
Isenhaur,
Johnson,
Jones,
King,
Kirkpatrick,
Lenfesty,
Lee,
Martin,
Mellett,
Miller,
McKinney,
McConuell,
Edwards, of Lawrence,North,
Ellsworth,
Eward,
Furnas,
Giffurd,
Given,
Glasgow,
Glazebrook,
Goble,
Odle,
Offut,
Ogden,
Peed,
Prentiss, ]
Pfrimmer,
Kudder,
Reno,
Reeves,
Riggs,
Richardson,
Rumsey,
Satterwhite,
Schmuck,
Scott,
Shirley,
Smith,
Stanley,
Shutt,
Strange,
Teter,
Tingley,
Thompson, of Spencer,
Thompson, of Elkhart,
Thayer,
Troutraan,
Tulley,
Walker,
Wilson, of Jay,
Willard,
Wesner,
Wolflin,
Woollen,
Wood,
Woodard,
Whitworth,
Wynn,
Mr. Speaker — 90.
149
Mr. King moved to dispense witli further proceedings under the
call.
Which motion prevailed.
Mr Henderson presented the following statement in relation to
House Bill No. 81:
House Bill !No. 81. Upon which a favorable report was
made this morning by the committee on the organization of
courts, whether so intended or not, it will have an important bear-
ing on the question now agitating the people of Wayne county on the
removal of the county seat from Centerville to Richmond. As we
understand, its provisions are an unfair advantage to the friends of
the removal ; and, on the part of a great majority of the people
opposed, as we believe, to the change, Ave make this statement, and
respectfully ask that the proceedings of this morning be reconsidered
and that the whole matter be referred back to the same or some
other committee before whom we may appear and discuss with
friends of the measure its merits.
GOEDON, BROWN & LAMB,
PEELE & FOX,
JULIAN & JULIAN.
Mr. Henderson moved to reconsider the vote ordering the en-
grossment of House Bill No. 81.
The motion to reconsider was laid upon the table.
House Bill No. 7 was read a third time and put upon its passage
The question being, shall the bill pass ?
Those who voted in the afirmative ^vere, Messrs.
Anderson,
Barrett,
Baxter,
Billingsley,
Bowser,
Blocher,
Branham,
Brett,
Buskirk,
Butts,
Butterworth,
Broadus,
Cauthorn,
Clark,
Coffman,
Cobb,
Crumpacker,
Dial,
Edwards, of Lawrence,
Ellsworth,
Eward,
Furnas,
Gifford,
Given,
Glazebrook,
Globe,
Goudie,
150
Gronendyke,
McConnell,
Stanley,
Hardesty,
North,
Shutt,
Hatch,
Odle,
Strange,
Heller,
Otiutt,
Tingley,
Hedrick,
Ogden,
Thompson, of Spencer,
Hollinsworth,
Prentiss,
Thompson, of Elkhart,
Hoyer,
Pfrimmer,
Thayer,
Isenhaur,
Rudder,
Walker,
Johnson,
Reno,
Wilson, of Ripley,
Jones,
Reeves,
Wilson, of Jay,
King,
Riggs,
Wesner,
Kirkpatrick,
Richardson,
Wolilin,
Lenfesty,
Rumsey,
Woolen,
Lee,
Satterwhite,
Woodard,
Martin,
Scott,
Whitworth,
Mellett,
Shirley,
Wynn,
McKinney
Smith,
Mr. Speaker — 79.
Those loh
0 voted in the negative
were, Messrs.
Baker,
Henderson,
Troutman,
Claypool,
Peed,
Tulley,
Durham,
Schmuck,
Willard,
Eaton,
Teeter,
Wood— 13.
Glasgow,
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
House Bill No. 15 was read a third time, and put upon its passage.
The question being, shall the bill pass?
Those ivho voted in the affirmative were, 3Iess7-s.
Barrett, Johnson, Walker,
Bowsei', Mellett, Wilson, of Jay,
Butts, OtFutt, Wesner,
Given, Schmuck, Woollen,
Henderson, Thompson, of Elkhart, \Vood — 17.
Hoyer, Troutman,
151
T/iOse ivho voted in the negative were, Messrs.
Anderson,
Baker,
Baxter,
Billingsly,
Branham,
Brett,
Buskirk,
Butterworth,
Cauthorn,
Clark,
Claypool,
Cline,
Colfman,
Cobb,
Crumpacker,
Durham,
Edwards, of Lawrence
Ellsworth,
Eward,
Furnas,
Gifford,
Glasgow,
Glazebrook,
Goble,
Goudie,
Grouend3ke,
Hardest}',
Hatch,
Heller,
Hendrick,
HoUingsworth,
Isenhaur,
Jones,
King,
Kirkpatrick,
Lenfesty,
Lee,
Lent,
Martin,
Miller,
,McKinuey,
McConnell,
North,
Odle,
Ogden,
Peed,
Prentiss,
Pfrimmer,
1 So the bill did not pass.
The following message was received
Private Secretary, John M. Commons.
Rudder,
Reno,
Reeves,
Riggs,
Richardson,
Rumsey,
Satterwhite,
Scott,
Shirley,
Smith,
Stanley,
Shutt,
Strange,
Teter,
Tingley,
Thompson, of Spencer,
Thayer,
Tulley,
Willard,
Woltlin,
Woodard,
AVhitworth,
Wynn,
Mr. Speaker — 72.
from the Governor by his
Mr. Speaker:
By direction of the Governor, 1 have the honor to transmit here-
with a communication accompanied by a statement of the names and
number of convicts who have received the benefits of the pardoning
power since the first day of January, 1871.
House Bill Xo. 27 was read a third time and put upon its passage.
152
The question being, .shall the bill pass?
Those who voted in the affirmative were, Messrs,
Anderson^
Baker,
Barrett,
Baxter,
Billingsly,
Bowser,
Brett,
Buskirk,
Butts,
Butterworth,
Broadus,
Cauthorn,
Clark,
Cline,
Cofiman,
Crum packer,
Durham,
Gronendyke,
Hatch,
Heller,
Hendrick.
Hollingsworth,
Isenhaur,
Johnson,
Jones,
King,
Kirkpatrick,
Lenfesty,
Lee,
Martin,
Miller,
McKinney,
McCouneil,
ISIorth,
Edwards, of Lawrence,Odle,
Ellsworth, Oflutt,
Eward, Ogden,
Furnas, Prentiss,
Glasgow, Reeder,
Glazebrook, iieno,
Goble, Reeves,
Goudie,
Eiggs,
Richardson,
Rumsey,
Satterwhite,
Scott,
Shirley,
Spellman,
Shutt,
Strange,
Teter,
Tingley,
Thayer,
Troutnian,
Tulley,
Walker,
Wilson, of Ripley.
Wilson, of Jay,
Willard,
Wesner,
Wolflin,
Woollen,
Wynn,
Mr. Speaker — 72.
Ihose who voted in the negative we7'e, Ilessrs.
Branham,
Hoyer,
Stanley,
Clay pool.
Mellett,
Thompson, of Elkhart,
Cobb,
Peed,
Thompson, of Spencer.
Eaton,
Plrimmer,
Wood,
Given,
Schmuck,
Woodard,
Hardesty,
Smith,
- Whitworth— 19.
Henderbon,
So the bill passed.
153
The question being, shall the title as read, stand as the title of the
bill ?
It was so ordered.
The message from the Governor, in relation to the memorial fiora
the Bar Association, was taken from the Speaker's table.
Mr. Branham moved, that it be laid upon the table, and that three
hundred copies of the same be printed,
Which was so ordered.
The message from the Governor in relation to the suit of the Terre
Haute Kailroad Company, on the relation of John C. Eobinsou, was
taken from the Speaker's table.
Mr. Miller moved, that the message be referred to the committee
on the judiciary,
Which motion prevailed, and it was so referred.
The message of the Governor in relation to the number of convicts
pardoned since January 1, 1871, to the present time, was taken from
the Speaker's table.
Which on motion, was referred to the committee on prisons.
The communication from the Senate, in relation to the House
Concurrent Resolution, was taken from the Speaker's table.
On motion of Mr. Branham,
The Senate amendment, to call. the concurrent resolution a joint
resolution,
Was concurred in.
The question being, shall the joint resolution pass?
The ayes and noes wei'e taken under the Constitutional rule.
154
Those u
}ho voted 'hi the affirmative
were, il/es.s?'&
Anderson,
Glasgow,
Pfrimmer,
Baker,
Glazebrook,
Rudder,
Barrett,
Goble,
Reno,
Baxter,
Goudie,
Reeves,
Billingsley,
Gronendyke,
Riggs,
Bowser,
Hatch,
Richardson,
Blocher,
Heller,
Rumsey,
Brauliam,
Henderson,
Schmuck,
Brett,
Hendrick,
Scott,
Buskirk,
Holiingsworth,
Shirley,
Butts,
Hoyer,
Smith,
Butterworth,
Isenhaur,
Stanley,
Broadus,
Johnson,
Shutt,
Cauthorn,
Jones,
Strange,
Clark,
King,
Teter,
Claypool,
Kirkpatrick,
Tingley,
Cliue,
Leni'esty,
Thompson, of Elkhart,
Coflman,
Lee,
Thayer,
Cobb,
Lent,
Troutman,
Cole,
Martin,
Tulley,
Cowgill,
Mellett,
Walker,
Crumpacker,
Miller,
Wilson, of Ripley,
Durham,
McKinney,
Willard,
Eaton,
McConnell,
Wesner,
Edwards, of Lawn
ence,K"orth,
Wolflin,
Ellsworth,
Odle,
Woollen,
Eward,
Offutt,
Wood,
Furnas,
Ogden,
Whitworth,
GifPord,
Peed,
Wynn,
Given,
Prentiss,
Mr. Speaker— 87.
No one voting in the negative.
So the joint i-esolution passed.
The question being, shall the title as read, stand as the title of
the joint resolution?
It was so ordered.
House Bill No. 26 was read a third time, and put upon its passage.
155
The question being, shall the bill pass?
Tliose who voted in the affirmative were, 3Iessrs.
Baker,
Barrett,
Billingsley,
Bowser,
Butterworth,
Cawthorn,
Clark,
Cline,
CoiFman,
Durham,
Hollingsworth,
Hover,
Johnson,
Jones,
King,
Kirkpatrick,
Lenfesty,
Lee,
Martin,
Millett,
Edwards of Lawrence, Miller,
Evard, JSTorth,
Furnas, Odle,
Giiford, Offutt,
Gronendyke, Ogden,
Hatch, E-iggs,
Henderson,
Scott,
Strange,
Tingley,
Thayer,
Troutman,
Tulley,
Walker,
Wilson, of Ripley,
W^ilson, ©f Jay,
Wesner,
Wolflin,
Woollen,
Wood,
Woodard,
Wynn,
Mr. Speaker-
-49.
Those who voted in the negative were, 3Iessrs.
Anderson,
Baxter,
Branham,
Brett,
Buskirk,
Broadus,
Clay pool,
Cobb,
Crumpacker,
Eaton,
Ellsworth,
Given,
Glazebrook,
So the bill did
Goble,
Goudie,
Heller,
Hendrick,
Isenhaur,
Lent,
McKinney,
McConnell,
Peed,
Prentiss,
Pfrimmer,
Reeder,
Eeno,
Reeves,
Richardson,
Rutnsey,
Schmuck,
Shirley,
Smith,
Stanley,
Shutt,
Teter,
Thompson, of Elkhart.
Willard,
Whit worth— 38.
not pass.
The message from the Senate in relation to concurrent resolution
relative to State prisons was taken from the Speaker's table and re-
ferred to the committee on prisons.
156 ■ •
Mr. Shirley offered the following resolution : ' '
Besolved, That the State Printer be requested to print three hun-
dred maps of the State, showing the location, geographically, of each
county, and the number of white male inhabitants above twenty-one
years of age, residents therein on day of January, 1872, for the
use of Senators and members of this House.
Mr. Cauthorn offered the following amendment :
That the resolution offered by the gentleman from Morgan and
Johnson be amended by striking from said resolution the word white-
Which was agreed to.
So the resolution as amended was adopted.
Mr. King offered the follov/iug resolution :
Resolved, That members introducing bills or resolutions are
requested to note in pencil on the backs of such their desire to be
present when such, bills or resolutions are considered by committees,
to exercise their right under rule No. 66 of this House, and that
tlie chairman of committees having such l>ills or resolutions in
charge are requested to notify such members of the time when such
bills or resolutions may be under consideration.
Which was adopted. »
Mr. OfFutt introduced
House Bill No. 104. An act to amend the seventy-eighth
section of an act entitled, " An act to revise, simplify and abridge
the rules of practice, pleadings and forms in criminal actions in the
courts of this State," approved June 17, 1852.
Which v/as read a tirst time and referred to the committee on the
organization of courts.
Mr. Wolflin offered the following resolution :
Whereas, The records of our Supreme Court, prior to the year
1860 are without any index subsequent to that time, the same is
incomplete and deficient, causing great delay and uncertainty in
tracing the proceedings and results in the cases sought for, and that
157 ,
the business lias not been systematized to facilitate the researchas
necessary for the interest and rights of litigants, and a portion of the
old files are without the requisite protection from injury and loss;
therefore,
liesohed, That the judiciary committee of the House be instructed
to inquire into the condition of the records and files of the Supreme
Court, and ascertain what is necessary, that the same may be fully
indexed and preserved convenient for examination and what further
security may be required for the same, and report the proper remedy
by bill or otherwise.
Which was adopted.
Mr. Schmuck offered the following joint resolution ;
Be it resolved by the General Assembly of the State of Indiana,
That our Senators in Congress be, and they are hereby instructed,
and our Representatives are requested to use all appropriate and
legitimate means to procure an appropriation of two millions of
dollars to defray the expenses of surveys, with a view to establish
reservoirs in streams at the headquarters of the Ohio river and
perfect the system of buoys and lights already commenced in accor-
dance with plans of the United States engineers, and preparatory to
completing the improvements of said river.
Resolved, That His Excellency, the Governor, be requested to
transmit a copy of the foregoing resolution to each of our Senators
and Representatives in Congress.
I Which was referred to the committee on federal relations.
Mr. Pfrimmer offered the following resolution :
Resolved, That two hundred copies of the report of the commis-
sions, appointed by his Excelleny, Conrad Baker, to investigate the
claims of sufferers by the Morgan Raid be printed for the use of the
members of the General Assembly.
I
■ Which was not adopted.
Mr. Gifford moved that the House do now adjourn until
it • to-morrow morning at 9 o'clock.
Which motion prevailed.
SATURDAY MORNING.
November 23, 1872, 9 o'clock.
The House met pursuant to adjournment with the Speaker in the
chair.
Prayer was offered by the Rev. J. H. Bayless, of the Roberts
Park M. E. Chuch of Indianapolis.
Mr. Woollen, from the committee on judiciary, submitted the
following report :
Mr. Speaker:
The committee on the judiciary to whom was referred House Bill
No. 5, entitled an act to amend an act, entitled an act to exempt
property from sale in certain cases ; have had the same under
consideration and have decided that the same be reported back to the
House with a recommendation that the same be indefinitely post-
poned.
Mr. Shirley, from the committee on the judiciary, sumbitted the
following minority report :
Mr. Speaker :
The committee on the judiciar}' having had under consideration
House Bill No. 5, " An act to amend section one (1) of act to
exempt property from sale in certain cases," approved February 17,
1852. The undersigned begs leave to submit the following minority
report. Believing such legislation is necessary. They recommend
that said Bill No. 5 be passed by this House.
W. S. SHIRLEY.
Which reports were laid upon the table until Monday next at 2
o'clock, P. M.
159
Mr. Thompson, of Elkhart, introduced
House Bill No. 105. A bill to amend section eleven of an act for
the incorporation &i manufacturing and mining companies, and
companies for mechanical, chemical and building purposes, approved
May 20, 1852, providing against the fraudulent sale, assignment,,
gift or transfer of stock, in said companies, and providing for the
assessment of stocks for the payment and liquidation of the debt of
said companies.
*' " Which was read a first time and referred to the committee on
corporations.
Mr. Clark introduced
House Bill No. 106. An act to amend an act, entitled " An act,
providing for the protection offish, and repealing all laws in conflict
"with the same, and prescribing penalties for the violation thereof."
6 Which was read a first time and referred to the committee on
rights and privileges.
I Mr. Hendrick introduced
House Bill No. 107. An act to amend section one of an act^
entitled " An act, providing for the protection offish, and repealing
all laws in conflict with the same, prescribing penalties for the viola-
thereof."
Which was read a first time and referred to the committee on
rights and privileges.
Mr. Furnas presented petitions from sundry citizens of Hendricks
county, on the subject of temperance.
I _
Which were referred to the committe on temperance.
Mr. Furnas presented petitions from sundry citizens of Hendricks
county in relation to hunting laws.
Which were referred to the committee on agriculture.
Mr. Branliam offered the following memorial in relation to the
Indiana State Normal School :
To the General Assembly of the- State of Indiana :
Your memorialists, the Board of Trustees of the Indiana State
Normal School, beg leave to lay before the General Assembly the
following facts in reference to the condition and wants of the Insti-
tution under their charge :
By an act approved December 20th, 1865, the General Assembly
established a State Normal School for the preparation of teachers for
teaching in the common schools of Indiana, and organized a Board
of Tru.-f^tees into a body corporate for the purpose of putting the same
in operation. The Board were required to perfect their organization
and open books, to receive from different parts of the State, propo-
sals for donations of ground and buildings, or funds for the procur-
ing of grounds and erection of buildings for said school ; and were
directed, without the exercise of any discretion on their part, to
locate said school at such place as shall obligate itself for the largest
donation, not less than $50,000. TLey were further directed to
proceed to let a contract, or contracts for the erection of a building
necessary for the school. Imrnediately after the selection of the
place of location, all the necessary steps within the means of the
Board and required by law, were taken to present the matter prop-
erly to the people of the State, and to invite proposals for the loca-
tion of the school. The result was that the city of Terre Haute
offered the largest donation, which amounted to $50,000 in cash and
a large lot near the center of the city, with a seminary building
upon it, the value of which w^as about $25,000, making an aggregate
amount of $75,000. Upon this proposal having been made, the
Board were required by law, to make the location at Terre Haute,
and it was accordinly done. The Board proceeded to procure the
services of competent architects in the preparation of a plan for the
building, and three plans were laid before the Legislature, at its
next session, for its selection of that which was the most suitable.
The plan preferred by the Board was approved and adopted by the
Legislature in an act passed March 8, 1867, and they were required
by that act to erect the building according to the design and speci-
fications accompanying it. The Board, therefore, were not left to
the exercise of any discretion on that subject, being compelled to
161
carry out the exprehsed intention of the Legislatiire. It was estima-
ted that the building, exclusive of furniture, would cost $162,608,
and for the purpose of erection, an appropriation of $100,000 waa
asked ; the Legislature appropriated, however, only $50,000. With
the limited means thus placed in the hands of the Board, they
progressed as expeditiously and economically as possible with the
erection of the building, and in their annual report, December 29th,
1868, reported to tlie Legislature the progress they had made, and
the unfinished condition in which the building was then left, aft«r
expending the appropriation made both by the State and city of
Terre Haute. In that report it was shown that the existing:
contracts amounted to $140,000; that in addition it would require'
for heating apparatus, grading and enclosing the lot, and for the
necessary furniture, the additional sum of $40,000, making an
aggregate of $180,000. The building has three stories above the
basement, and this estimate contemplated only the furnislung of
these, leaving the basement incomplete, except as furnishing a
residence for the janitor, storage for fuel, etc.
The Legislature then made an appropriation of $79,000, making
the total appropriation by the State $129,000, the Board deemed it
their duty, in order to carry out the intention of the Legislature, to
put the school in operation with as little delay as possible, and they
did 80 while the building was yet in an unfinished condition ; the
upper Htory not having been completed, and the basement being left
in the unfinished condition originally contemplated. It is now
deemed advisable to finish the rooms in the basement, so that they
may furnish lodging rooms for the students , for which they are well
suited, and which will be a large saving in the price of boarding to
the pupils, a matter to many of them of assential importance. The
school went into operation, January 6, 1870, but under many dis-
advantages. It was wholly without a library. There was no
appropriation for the many things absolutely needed, in order to
carry on such an institution. The Board were, therefore, compelled
to procure these things, in the best way they could, in order to cany
on the school. This they have done, thus far, under many dis-
couragements, but have the consolation of knowing, that they have
already built up an institution, which has received the very highest
commendation from the most distinguished educators, both iu and
out of the State. The Board have caused to be made an estimate of
the amount required, to put the whole building in such a condition
as the necessities thereof demand. The amount of this estimate is
H. J.— 11
162
$55,000, inciitfling tbe cost of tinishiDg' the basement, which is
absolutely necessaiy for the accommodation of the pupils, the intro-
duction of proper heating' apparatus, the grading and enclosing of
the lot, and all other things, necessary to put the building in a per-
fect finished condition, and maintain the school in successful opera-
tion, and when this desirable result shall be brought about, the State
of Indiana will have secured a normal educational institution, at less
cost than almost any other of her sister States, and equally distin-
guished for the high character of its educational advantages.
The school is emphatically beneficial to the operative and labor-
ing classes of the State. There have already been nine terms,
including the present, during which 798 pupils have received its
advantages, and 19 have graduated, of these 57 per cent, belong to
"the farming class, 18 per cent, to the mechanical, while only 6
per cent, belong to the mercantile, 4 per cent, to the medical profes-
sion, 3 per cent, to the ministery, two per cent. to. the law, 2 per
cent, to the teachers, and 8 per cent, to all other classes. It is
l)elieved that very few Normal Schools in the country are so imme-
diately identified with the industrial pursuits, a fact of the highest
importance when it is considered that to this class of our popula-
tion we are to look for the improvement and success of our great
syscem of common schools, owing to the fact of their having been no
other appropriation for the school than the annual tuition revenue,
the board have been compelled to burrow ^4,000, for which they
have ffiven the note of the individual members, which will be due
in the month of February.
In addition to this they have borrowed the sum of §3,206.83,
which is now due. The aggregate of their indebtedness therefore,
is $7,207.83, for which they ask an appropriation. The Legislature
will realize the necessity of a library ; as such library would greatly
facilitate the usefulness of the institution. For this purpose they
ask §10,000. They also ask §5,000 for the necessary apparatus,
$1,000 annually for additions to the library, and §5,000 for the
increase of the tuition revenue. These sums make an aggregate of
■ §83 206.83, which will put the institution in an entirely completed
condition and make it equal in all respects with the best similar
institutions in the United States. Already forty-six counties of the
State have furnished pupils to this school, and the board are satis-
fied that when the Institution is completed it will do as much as its
most sano-uine friends have predicted, to furnish teachers throughout
the State, and make our common school system what it is desirable
163
to the people of the . State it shall be. The present number of
pupils is 96, exclusive of the scholars in the primary, model and
intermediate schools, the latter of which is designed to be self sup-
porting. These last are made essential by the law as furnishing the
only means of so training pupils that they may carr}^ out the
original design of the law: The preparation of teachers for
'teachiiig.
All of -uhich is respectfully submitted,
W. C. HANNAH,
M. B. HOPKINS,
■■ • .. ' . ■ • ' R.W.THOMPSON,
Committee of Board.
Which was referred to the committee on education.
]Mr. Branham introduced . . -
House Bill No. 108. An act to amend an act entitled, "An act
to create a State Normal School, and declaring an emergency,"
.approved December 20th, LS65, and adding supplemental sections
thereto and providing for certain appropriations.
^yhich was read a first time and
Referred to the committee on education.
Mr. Cauthorn offered the following resolution;
Whereas, A claim for a large sum of money has been asserted
in favor of the State of Indiana against the Terre Haute and India-
napolis Railroad Company, on account of certain stipulations and
provisions in the act incorporating said company, which has been
asserted for a number of years and still remains unsettled ; and.
Whereas, The State treasury is supplied from the overflowing
reservoir of wealth possessed by a great, growing and prosperous
State, and can never feel the pinchings of want or stringency and
will never have the stimulus necessary to compel a prompt adjust-
ment by dilatory, reluctant and crafty creditors ; and
Whereas, Education demands the care and encouragement of a
people whose instructions depend upon public intelligence and virtue ;
and a number of CQlleoes and universities in the State have hitherto
164
beeu neglected in the bountiful provisions the State haa made for
various proper and commendable objects; therefore,
Resolved, That the committee on education is hereby ordere<i and
directed to inquire into the expediency and propriety of transferring
and donating to the following named colleges and universities all
the right, title, interest and claim of the State in and to said claim
in equal portions, to wit : Indiana Asbury University, University
of Notrp Dame, Du Lac, Viucennes University, Wabash College,
Indiana University, Hanover College, North Western Christian
University and Franklin College, and to authorize and empower
the proper authorities of said institutions of learning to demand and
receive by suit or otlierwiee the same, and to report without delay by
bill or otherwise.
Which was laid over by consent of the House.
Mr. Peed introduced
House Bill No. 109. An act to provide for service of supervis-
ors in all suits before justices of the peace when defendants reside in
different counties, repealing all laws inconsistent with this act and
declaring when the same shall take effect.
Which was read a first time, and referred to the committee on the
judiciary.
Mr. Feed introduced
House Bill No. 110. An act to prohibit persons under the age of
twenty-one years, from buying spirituous, vinous, malt, and other
intoxicating liquors, and prebcribing penalties tor the violation of
the provisions of this act.
Which was read a first time, and referred to the committee on
temperanco.
Mr. Johnson presented a petition from Joselyn Bros. & Co., for
payment of a claim of one hundred and forty dollars.
Which was referred to the committee on claims.
Mr. Johnson presented a petition from J. G. Greenawalt, Adjutant
General of ludiana, in relation to additional Gompensatiou for hie
services,
165
Which was referred to the committee on claims.
Mr. Johnson introduced
House Bill No. 111. A l)ill to authorize Boards of County Com-
missioners to borrow money for the construction and completion of
public buildings.
Which was read a first time, and referred to the committee on the
judiciary.
Mr. Johnson introduced
House Bill No. 112. A bill to render wives competent to testify
in actions brought for injuries done them.
Which was read a first time, and referred to the committee on the
judiciary.
ftfr. Rio:o:s introduced
House Bill No. 113. An act to amend section second of an act,
entitled " An act to amend sections four and seven of an act to pro-
vide for the election, fixing the compensation and prescribing the
duties of the Attorney General of the State of Indiana," approved,
June 3, 1861.
Which was read a first time, and referred to the committee on fees
and salaries.
Mr. Baxter presented a memorial from the Society of Friends, in
relation to temperance.
Which was referred to the committee on temperance.
Mr. Baxter presented a memorial from the Society of Friends, in.
relation to the subject of marriage and divorce,
Mr. Schmuck, moved to lay the memorial upon the table.
Whioii motion did not prevail, when
166
On motion, ' ■
The same was referred to the committee on the judiciary.
Mr. Walker introduced
House Bill No. 114. An act to amend the first section of an act
entitled " An act to authorize any person desiring to erect a flouring
mill or other machinery to be propelled by water, on his own land,
to make a race-way below such mill or machinery, through lands
belonging to other persons, and to regulate the assessment and pay-
ment of damages therefor," approved, March 1, 1853, be so amended
as to read as follows, to wit :
Which was read a first time and referred to the committee on
rights and privileges.
Mr. Wynn presented the claims of the Sentinel and Journal Com-
panies.
Which were referred to the committee on claims.
Mr. Lenfesty presented the claim of John Brownlee, of Grant
county, against the State of Indiana.
Which was referred to the committee on claims.
Mr. Shirley moved the reconsideration of the vote upon the reso-
lution of yesterday in relation to printing maps for the use of the
members of the House and_ Senate.
Which motion prevailed.
So the vote was reconsidered and the clerk requested to notify
the printer that the maps were ordered not to be printed.
W^hich was so ordered.
Mr. Brett offered the following resolution :
Hesolved, That the Auditor be and is hereby requested t© furnish
this House with advance sheets of so much of his forthcoming
report in relation to the subject of insurance.
Which was adopted.
167
The committee on engrossed bills made the following report:
Mr. Speaker:
The committee on engrossed bills have examined Engrossed Bills
Nos. 8, 37, 43, 49, 69, 72, 73, 95, and 99, and Joint Resolution No.
3, Math the original copies thereof, and find the same in all respects
properly engrossed.
On motion of Mr. Walker,
The House adjourned until Monday at 2 o'clock p. M.
168
MONDAY MORNING, ■
November 25, 1872, 2 o'clock.
The House met pursuant to adjournment, with the Speaker in the
chair.
Prayer was offered by Benjamin Fulghum, of the Society of
Frienda.
The Journal of Saturday was read in part, when,
Oa motion, the further reading of the same was dispensed with,
Mr. Willard moved a call of the House.
Which was agreed to.
Those who answered to their names were, Messrs.
Anderson,
Elsworth,
Isenhaur,
Baker,
Eward,
Johnson,
Baxter,
Furnas,
Jones,
Biilingsley,
Gifford,
Kimball,.
Blocber,
Brett,
Given,
Glassgow,
King,
Kirkpatrick,
Butterworth,
Goble,
Lenfesty,
Broadus,
Goudie,
Lee,
Cauthorn,
Gronendyke,
Martin,
Clark,
Claypool,
Cobb,
Hardesty,
Hatch, ,
Heller,
Miller,
McKinney,
McConnell,
Crumpacker,
Durham,
Henderson,
Hendrick,
North,
Odle,
Eaton,
Hollingsworth,
Offutt,
Edwards, of Lawrence,Hoyer,
Ogden,
169
Peed, Shirley, Walker,
Prentiss, Spellraan, Wilson, of Ripley,
Pfrimmer, Stanley, Wilson, of Jay,
Reeder, Shutt, Willard,
Reno, Strange, Wesner,
Reeves, Teter, Wolflin,
Riggs, Tiugley, Woollen,
Richardson, Thompson, of Spencer,Wood,
Rumsey, Thompson, of Elkhart,Whitworth,
Satter white, Thayer, Wynn,
"Schmuck, Troutman, Mr. Speaker — 82.
&ott,, Tulley,
On motion of Mr. Lenfcsty, the further proceedings under the
call were dispensed with.
Mr. Kimball, chairman of the committee on ways and means,
submitted the following report.
Mr. Speaker:
The committee on ways and means, to was referred House
Bill No. 98, entitled " An act to make certain specific appropriations
therein mentioned, beg leave to report that they have had the same
under consideration, and recommend that the bill be amended by
strikingout an after the enacting clause and inserting in lieu thereof.
The amendment herewith submitted.
Which was concurred in, and the amendment therewith submitted
adopted, the bill read a second time and ordered to be engrossed.
Mr. Hatch, chairman of the committee on swamp lands, submit-
ted the following report.
Mr, Speaker:
The committee on swamp lands have had und6r consideration
House Bill No. 4 and No. 41 , bills for the repeal of the corporation
drainage law, which took effect May 22, 1869, and a bill supplemen-
tal thereto, and respectfully refer them back to this House and
re'^ummend that their consideration be indefinitely postponed, as
there is a similar bill before the House under consideration.
170
"Whicli report was concurred in. ' *''
Mr. Hedrick, chairman of the comraittee on rights and privileges.,
submitted the following report:
Mr. Speaker :
The committee on the rights and privileges of citizens have had
under consideration House Bill No. 46, an act to repeal an act
entitled " An act for the protection of fish, and repealing all laws in
conflict with the same, prescribing penalties for the violation
thereof," have directed me to report the same back to the House
with a recommendation that the .same be indefinitely postponed.
Which was concurred in.
Mr. Hedrick, chairman of the committee on rights and privil-
eges, submitted the following report :
Me. Speaker :
The committee on the rights and privileges of citizens have had
under consideration House Bill No. 52, a bill providing for the
taking of fish, have directed me to report the same back to the
House with the recommendation that the same be indefinitely post-
poned.
Which was concurred in.
Mr. Hedrick, chairman of the committee on rights aufl privileges,
submitted the following report :
Mr. Speaker :
The committee on rights and privileges, to whom was referred
House Bill No. 90, have had the same under consideration and
recommend its passage.
AVhieh bill was read a second time and ordered to be engrossed.
Mr. King, chairman of the committee on railroads, .submitted the
following report :
171
Mr. Speaker :
The committee on railroads, to whom was referred House Bill
No. 54, au act to amend an act passed at the special session of the
General Assembly, begun on the 13th day of November, 1865,
entitled, '"An act to secure a just valuation and taxation of railroad
property within this State, to le^';alize the valuation, assessment,
adjtistment and payment of taxes for such property, made subsequent
to the year 1859," for the purpose of extending the provisions of
said act, so as to secui'e a just valuation, assessment and taxation of
all property belonging to railroad companies within this State, either
novv constituted or hereafter to be constituted, from the time of the
completion of their lines of road, until the first general appraisement
of the real property ot the State next after such completion, to
legalize assessments and payments of taxes heretofore made under
existing laws, and to extend certain provisions of the above act of
the special session of 1865, to the enforcement of this act, and
declaring an emergency, have had the same under consideration, and
have directed that the same be reported back, with the recommen-
dation that it be referred to the committee on ways and means, as
the bill provides for the assessing of taxes.
Which report was concurred in, and the bill referred to the
committee on ways and means.
Mr. Furnas, ehariman of the committee on agriculture, submitted the
following report :
Me, Speaker :
The committee on agriculture, to whom was referred House Bill
No. 50, being a bill for the pro rata distribution of funds to the suf-
ferers of those losing sheep killed by dogs, have had the same under
consideration and recommend its passage.
Which report was concurred in, the bill read a second time and
ordered to be engrossed.
Mr. Cowgill, chairman of the committee on mileage and accounts^
si*bmitted the following report :
172
Mr. Speakek: ,
Your committee on mileage and accounts have instructed me to
make the following report of the miles traveled to and from the seat
of government by the members of the House of Representatives, and
for which they are respectively entitled to mileage :
Anderson, 170; Baker, 216 ; Barrett, 100 ; Barker, 316; Baxter,
138; Billingsley, — ; Bowser, 280 ; Blocher, 200 ; Branham, 168;
Brett, 280; Buskirk,358; Butts, 160; Butterworth,364; Broaddus,
130; Cauthorn, 300; Clark, 50 ; Claypool, 144; Cline, 103; Coff-
man, 200; Cobb, 218; Cole, 108; Cowgill, 174; Crumpacker, 300;
Dial, 410; Durham, 130; Eaton, 240 ; Edwards, of Lawrence, 230 ;
Ellsworth, 344; Eward, 162; Furnas, 48; Gifford, 116; Given,
190; Glasgow, 388; Glazebrook, 240; Goble, 146; Goudie, 132 ;
Gregory, 192; Gronendyke, 236; Hardesty, 80 ; Hatch, 250; Hel-
ler, 312; Henderson, 360; Hendrick, 90; Hollingsworth, 146;
Hoyer, 170; Isenhaur, 180; Johnson, — ; Jones, 80; Kimball, — ;
King, — ; Kirkpatrick, 114; Lenfesty, 1 86 ; Lee, 170 ; Lent, 250;
Martin, 130; Mellett, 108 ; Miller, 92;' Mc Kinney, 140; McConnell,
280; North, 212; Odle,215; Offutt, 40; Ogden, 40; Peed, 296 ;
Prentiss, 380 ; Pfrimmer, 270 ; Rudder, 300; Reno, 92; Reeves,
160; Riggs, 380; Richardson, 164; Rumsey, 80 ; Satterwhit*, 62 •
;Schmuck, 464; Scott, 468; Shirley, 62; Smith, 80; Spellman, 74;
Stanley, 400; Shiitt, 340; Strange, 120; Teter, 320; Tingley, 80;
Thompson, of Spencer, 552; Thompson, of Elkhart, 400; Thayer,
350; Troutman, 230; Tulley, 320; Walker, 138; Willson, of Rip-
ley, 250; Wilson, of Jay, 168; Willard, 234; Wesner, 56; Wolflin,
384; Woollen, 40; Wood, 340; Woodard, 210; Whitworth, 450;
Wyaa, 116; Mr. Speaker, 146.
Wiiich report was concurred in and warrants ordered to be drawn
in favor of each member accordingly.
Mr. CVden, chairman of the committee on corporations, submitted
the following report :
Ms. Spkakek :
Your committee on corporations, to whom was referred House
Bill No. 47, entitled "An act to empower the Board on Trustees of
any incorported towns in this State to appoint a Town Attorney,
defining his powers, duties and fees," would respectfully rejx)rt that
- • 173
they have had the same under consideration, and recofnmend that
the same be indefinitely postponed.
Which report was concurred in.
Mr. Richardson, from the corauiitteti on corporations, submitted
submitted the following report:
Mr. Spkakkr :
The committee on corporations, to whom was referred HouKe Bill
No. 71, an act to amend section 60 ol an act entitled "An act to-
repeal all general laws now in force for the incorporation of citieSj
prescribing their powers and rights, and the manner in which they
shall exercise the same, and to regulate such other matters as prop-
erly pertain thereto," approved March 14th, 1867, liave had the
same under consideration, and report tlie same back with the recom-
mendation that it pass.
Which report was concurred in.
The bill read a second time, and ordered to be engrossed.
Mr. Baxter, chairman of the committee on reformatory institutioiiSj^
submitted the following report :
Mb. Spkaker :
Your committee on refbctpatory institutions, to whom was refer-
red House Bill No. 92, being an act entitled ** An act to establish
a House of Refuge for the conviction and reformation of juvenile-
offenders, etc.," have had the same under consideration, and beg.
leave to report the same bai'k, and recommend its passage.
W^hich report was concurred in.
The bill read a second time, and ordered to be engrossed.
INTRODUCTION OF BILLS, PETITIONS, AND Ri:60I.UTlON6.
Mr. Ellsworth offered the following resolution.
Hesolveil, That the Hon. John C. Shoemaker, Auditor of State, be-
174 . ■
requested to communicate to this House any infonuation in his pos-
session in regard to the duties required, under existing circumstances,
of the x^gent of State.
Which was adopted,
Mr. Miller introduced
House Bill No. llo. A bill to repeal an act entitled ''An act to
regulate the sale ot patent rights, and to prevent frauds in connec-
tion therewith," which took efiect April 23, 1869.
Which was read a first time and referred to the committee on
judiciary.
Mr. Miller introduced
House Bill No. 116. A bill making specific appropriation for the
purchase of additional land for the erection of buildings for work-
shops and barn, and purchase of apparatus for lighting the buildings
with gas for the use and benefit of Indiana Soldiers' Orphan Home
at Knightstown Springs, Rush county, Indiana.
Which was read a first time and refered to the committee on
benevolent and scientific institutions.
Mr. Scott offered the following resolution.
Resolved, That the committee on county and township business,
are hereby instructed to ascertain as to whether the express compan-
ies and telegraph companies are regularly assessed and taxed in all
the counties through which their lines pass, and that each member
be requested to correspond with the treasurer of his county and
report to said committee.
Which was adopted. ;
Mr. Claypool offered the following resolution:
Resolved, That the committee on fees and salaries, be requested to
inquire into the expediency of enacting a law conferring upon the
commissioners of each of the counties of the State, the power of
regulating and fixing the compensation to be allowed to the clerks,
sheriffs, auditors, treasurers and recorders, of their respective
counties, for services required by law of them ; and further inquire
175
into the propriety of paying the fees, now authorized to be taxed by
law in favor of such officers, into the county treasury, to be dis-
bursed as otlier funds are for county purposes, and reporL by bill or
otherwise.
Which was adopted.
Mr. Isenhaur introduced
House Bill No. 117. An act supplemental to an act to authorize
aid to the construction of railroads, by counties and townships
taking; stock in, and making doi^ations to railroad companies,
appi^oved May 12, 1869.
Which was read a first time, and referred to the committee on
railroads.
Mr. Rumsey offered the following resolution :
Besot fed, That as the temperature of this House is very irregular,
and therefore injurious to health and comf >rt, therefore, the House
instruct the proper person, whose duty it is to regulate thi^, to be
prompt in the performance of the same.
Which was adopted.
Mr. Wilson, of Ripley, introduced
House Bill Xo. 118. An act making the parties competent wit-
nesses as to certain matters in actions by executors or administrators
upon contracts assigned to the decedent.
Which was read a first time, and referred to the committee on the
organization of courts.
Mr, Cauthorn offered the following concurrent resolution:
Y/heeeas, His Exeellency, the President of the United States,
has designated Thursday, the 28th day of November, as a day of
thanksgiving, and the members of this General Assembly are
desirous of returning to their homes and spending that day with
their relatives and friends; therefore,
Reaolved, by the House of Hepresentatives, the Senate concurring
and consenting thereto, that the House when it adjourns on AVednes-
176
day next, the 27th inst., do adjourn until Monday, December 2,
proximo, at 2 o'clock P. M.
Which was adopted.
Mr. Cauthoru introduced
House Bill No. 119. An act in relation to organizing the two
houses of the General Assembly, and defining certain duties of cer-
tain officers in relation thereto, and declaring an emergency.
Which was read a first time.
Mr. Cauthorn moved to suspend the constitutional rule, have the
bill read a second time, and ordered to be engrossed.
Which motion prevailed.
The ayes and noes were taken under the constitutional rule.
Those who voted in the affirmative were, ^lessra.
Anderson,
Heller,
Prentiss,
Baker,
Henderson,
Pfrimmer,
Billingsley,
Hedrick,
Rudder,
Branham,
HoUingsworth,
Reno,
Buskirk,
Hoyer,
Reeves,
Butter worth.
Isenhour,
Riggs, ]
Cauthorn,
Johnson,
Richardson^
Clark,
Jones,
Satterwhite,
Clay pool.
Kimball,
Schmuck,
Crumpacker,
King,
Scott,
Durham,
Len testy.
Shirley,
Eaton,
I^e,
Spellraan,
Ellsworth,
Martin,
Stanley,
Furnas,
Miller,
Schutt,
Gifford,
McConnell,
Strange,
Given,
North,
Teter,
Glazebrook,
Odle,
Tingley,
Goble,
Ofiut,
Thompson, of Spencer.
Goudie,
Ogden,
Thompson, of Elkhart,
Gronendyke,
Peed,
Thayer^
177
Tulley,
Willard,
Wood,
Walker,
Wesner,
Whitworth,
Wilson, of Ripley,
Wolflin,
Wynn,
Wilson, of Jay,
Woollen,
Mr. Speaker-
-73,
Those who voted in the negative were, Messrs.
Cline, Eward, Hatch,
Cobb, Glasgow, Kirkpatrick — 8.
Edwards, of Lawrence,Hardesty,
So the constitutional rule was suspended.
The bill was then read a second time by its title, and ordered to
be engrossed.
Mr. Off'utt moved to suspend the constitutional rule, consider the
bill as engrossed, have it read a third time, and put upon its passage.
Which motion prevailed.
The ayes and noes were taken under the constitutional rule.
Those who voted in the (
affirmative
were, Messrs.
Anderson,
Henderson,
Reeder,
Baker,
Hedrick,
Reno,
Billingsly,
Hollingsworth,
Reeves,
Buskirk,
Hoyer,
Riggs,
Butterworth,
Isenhaur,
Richardson,
Broadus,
Johnson,
Rumsey,
Cauthorn,
Jones,
Satterwhite,
Clark,
Kimball,
Schmuck,
Claypool,
King,
Scott,
Crum packer,
Lee,
Shirley,
Eaton,
Martin,
Spellman.
Edwards, of Lawrence, Miller,
Stanley,
Ellsworth,
McConuell,
Shutt,
Furnas,
North,
Strange,
Gilford,
Odle,
Teter,
Given,
Offutt,
Tiugley,
Goble,
Ogden,
Thompson, of Spencer,
Goudie,
Peed,
Thompson, of Elkhart,
Oronendyke,
Prentiss,
Thayer,
Heller,
Pfrimmer,
Tulley,
H. J.-
-12
178
"Walker, Wesner,
Wilson, of Ripley, Wolflin,
Wilson, of Jay, Woollen,
Willard, Wood,
Whitworth,
Wynn,
Mr. Speaker — 71.
Those who voted in the negative were, Messrs.
Cline,
Eward,
Hatch,
Cobb,
Glazebrook,
Kirkpatrick,
Durham,
Hardesty,
Lenfesty — 9.
So the constitutional rule was suspended, the bill read a third-
time by sections, and put upon its passage.
The question being, shall the bill pass ?
Those who voted in the affirmative were, Messrs..
Anderson,
Gifford,
McConnellj.
Baker,
Given,
North,
Baxter,
Billingsly,
Branham,
Brett,
Glasgow,
Glazebrook,
Goble,
Goudie,
Odle,
Offutt^
Ogden^
Peed,
Buskirk,
Butterworth,
Broadus,
Gronendyke,
Hardesty,
Hatch,
Prentiss,
Pfrimmer,
Reeder,
Cauthorn,
Heller,
Reno,
Clark,
Henderson,
Reeves,
CI ay pool,
Cline,
Hedrick,
Hollingsworth,
Riggs,
Richardson,
Coffman,
Cobb,
Hoyer,
Isenhaur,
Rurasey,
Satterwhite,
Cowgill,
Crumpacker,
Durham,
Johnson,
Jones,
Kimball,
Schmuck,
Scott,
Shirley,
Eaton, King,
Edv/ards, of Lawrence,Lenfesty,
Ellsworth, Lee,
Spellman,
Stanley,
Shutt,
Eward,
I'uruas.
Martin,
Miller,
Strange,
Teter,
179
Tiugley, Walker, Woollen,
Thompson, of Spencer, Wilson, of Ripley, Wood,
Thompson, of Elkhart, Wilson, of Jay, Whitworth,
Thayer, Willard, Wynn,
Tulley, W^esner, Mr. Speaker — 84.
Those %cho voted in the negative were, 3Iessrs.
Kirkpatrick and Wolflin — 2.
So the bill passed.
The question being, shall the title of the bill as read stand as the
title of the bill ?
It was so ordered.
Mr. Wood introduced
. House Bill No. 120. An act to provide for the time of holding
Circuit Courts in the Ninth Judicial Circuit, and to repeal all laws
in conflict therewith.
: Which was read a first time, and,
On motion,
Referred to the following special committee :
Messrs. Wood, Henderson, Crumpacker, Troutman and Teter.
Mr. Edwards, of Lawrence, introduced
House Bill No. 121. An act to repeal an act, entitled, "An act
in relation to the taxation of lands in towns and cities," approved
June 18, 1852, and declaring an emergency.
Which was read a first time, and referred to the committee on
cities and towns.
Mr. Billingsley presented a petition on the subject of temperance,
from sundry citizens of Marion county.
Which was referred to the committee on temiDcrance.
180
Mr. Billingsley introduced
House Bill No. 122. An act providing for the appraisement of
real estate in all cities of thirty thousand or more inhabitants, pro-
viding compensation, and prescribing duties of county auditors
therein.
Which bill was read a first time, and referred to the committee
on ways and means.
Mr. Billingsley introduced
House Bill Xo. 123. An act prescribing time for transaction
road business, and for appointment of Superintendent and Physici : i
for poor.
Which was read a first time, and referred to the committee on
county and township business.
Mr. Johnson presented the claim of Sterns Fisher.
Which was referred to the committee on claims.
Mr. Johnson introduced
House Bill No. 124. An act to provide for the construction of a
State Monument, to the memory of Indiana Soldiers and Sailors,
who periled their lives in the service of their country.
Which was read a first time, and referred to the select committee
on Soldier's Monument.
Mr. Peed offered the following resolution:
Resolved, That the daily ^meetings ^of this House, shall be at 10
o'clock, A. M., until otherwise ordered.
Which was not con«urred in,
Mr. Peed offered the following resolution.
Resolved, That the Auditor of State be requested to furnish each
member of this House with such portions of the advance sheets of
his forthcoming report as relates to the subject of State printing.
Which was adopted.
181
Mr. Shirley oiFered the following resolution.
Resolved, All members receiving petitions and memorials for the
consideration of this House, shall state the substance of such peti-
tion or memorial to the same without reading, and refer the same
to the proper committee, and no petition or memoral shall be read to
the House except upon the recommendation of the committee.
Mr. Billingsley moved to lay the resolution on the table.
Which was adopted.
Mr. H.tch offered the following resolution.
Resolved, That the committee on benevolent and scientific insti-
tutions, is hereby instructed to inquire into the expediency of pass-
ino- an act incorooratinS: an institution for the cure of inebriates and
to report by bill or otherwise.
Which was adopted.
Mr. Hollingsworth oifered the following resolution.
Resolved, That the committee on roads be instructed to inquire
into the expediency of abolishing the office of District Supervisor,
and provide in place thereof, one Supervisor for each township,
whose duty it shall be to have Supervisors of all roads work iu his
respective township, and the committee further be instructed to
report by bill or otherwise.
Which was adopted.
Mr. Grouendyke introduced
House Bill No. 125. An act to amend section one of an act,
entitled '' An act providing for calling special sessions of the Board
of Couuty Commissioners," approved March 7, 1863, and declaring
an emergency.
Which was read a first time and referred to the committee ou the
judiciary.
Mr. Walker introduced
House Bill No. 126. An act to restrain animals from running
182
at large, and authorizing permits for certain animals to run at large,
by the County Commissioners and Township Trustees in certain
cases, providing penalties for violations of said act, prescribing the
duties of Constables and Marshals in relation thereto, and regulating
their fees in such cases, and providing pounds, and for the impound-
ing of animals, running at large in violation ot the provisions of
said act, and prescribing penalties for breaking open, destroying, or
interfering with said pounds or inclosures, or setting at liberty
animals therein, and to repeal all, laws in coaflict therewith and
declaring an emergency.
Which was read a first time and referred to the committee on
agriculture.
Mr. Walker introduced
House Bill No. 127. An act to amend the second section of an
act, approved February 20, 1867, entitled "An act concerning the
organi;2ation and perpetunity of voluntary associations and repeal-
ing an act, entitled ''An act concerning the organization of volun-
tary associations and repealing former laws in reference thereto,"
approved February 12, 1855, and repeuling each act repealed by
said act, and authorizing gifts or devises by will to be made to any
corporation or purpose contemplated by said act.
Which was read a first time and referred to the committee on
corporations.
Mr. Tully introduced House Cill No. 128.
House Bill No. 128. An act empowering the Board of Trustees
of any incorj)orated town within the State to compel owners of lota
or parcels of lauds within such town to plant, maintain and protect
shade trees within the same, and declaring an emergency.
Which was read a first time, and referred to the committee on
cities and towns. ,'
The committee on ways and means was authorized to employ a
sufficient clerical force.
Mr. Cauthorn offered the following resolution :
Whereas,- Information has been received that certain standing
183
committees of this House are incurring unwarranted expense in
employing clerks, famishing their rooms with carpeting, mirrors,
and other articles therefor ; therefore,
Resolved, That no committee of this House is authorized to incur
any expense whatever before the consent of the House is first
obtained therefor, and that no clerk will be allowed to any committee
unless necessity for his appointment is shown and that no appropriation
will be made for any expense incurred by any committee, standing
or select, uiiless such expenses have been authorized and directed by
the House.
Which was adopted.
The committee on the judiciary was authorized to employ one
clerk.
The committee on claims was authorized to employ one clerk.
On motion of Mr. Gilford,
The House adjourned until to-morrow morning at 9 o'clock.
184
TUESDAY MORNING.
NovEMBEE 26, 1872, 9 o'clock.
The House met, pursuant to adjournment, with the Speaker in
the chair.
Prayer was oiFered by the Rev. B. W. Smith, of Indianapolis.
On motion, the reading of the journal was dispensed with.
The Speaker laid before the House a communication from Thomas
Dowling, of Terre-Haute, and memorials from Dent, Palmer & Co.;
N. M. Rothschild & Sons; Baring Brothers & Co.; Frederick Hath
& Co., London, committee representing the holders of Indiana
canal certificates, and George Mosle, August Belmont, and A. Gracie
King, New York, committee representing the holders of Indiana
canal certificates, in relation to canal certificates issued by the State
of Indiana.
Which were referred to the committee on the judiciary.
The committee on engrossed bills submitted the following report:
Me. Speakee :
The committee on engrossed bills, to whom was referred engrossed
House Bills Nos. 50, 71, 81, 90 and 98, have compared the same
with the original copies and find them, in all respects, properly
engrossed.
Joint i-csolution No. 3 was read a third time and put upon its
passage.
The question being, shall the joint resolution pass?
185
Those who voted in the affirmative were Messrs.
Anderson,
Baker,
Baxter,
Billingsley,
Branham,
Buskirk,
Butts,
Butterworth,
Broadus,
Cawthorn,
CLark,
Claypool,
Cline,
Coffman,
Cobb,
Cole,
Cowgill,
Crumpaeker,
Durham,
Eaton ,
Goble,
Hardesty,
Hatch,
Heller,
Hedrick,
Hollingsworth,
Hoyer,
Isenhaur,
Johnson,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lee,
Martin,
Mellett,
McConnell,
North,
Odle,
Offutt,
Edwards, of Lawrence,Ogden,
Ellsworth, Peed,
Eward, Prentiss,
Furnas, Pfrimmer,
Giifbrd, Rudder,
Given, Reno,
Glasgow, Reeves,
Glazebrook, Riggs,
Richardson,
Rumsey,
Satterwhite,
Schmack,
Scott,
Shirley,
Smith,
Spellman,
Stanley,
Shatt,
Strange,
Teter,
Tingley,
Thompson, oi SpenceFy
Thompson, of Elkhart^
Thayer,
Troutraan,
Tulley,
Walker,
Wilson, of Jay,
WiUard,
Wesner,
Wolflen,
Woollen,
Wood,
Woodward,
Wynn,
Mr. Speaker— 89.
No one voting in the negative, so the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
House Bill No. 8 was read a third time and put upon its passage.
The question being, shall the bill pass?
186
Those who voted in the affirmative were, Messrs.
Anderson,
Gronendyke,
Reno,
Baxter,
Hardesty,
Reeves,
Billingsley,
Hatch,
Rumsey,
Branham,
Heller,
Satterwhite,
Busk irk.
Hedrick,
Schmuck,
Butts,
Hollinsworth,
Shirley,
Butterworth,
Hoyer,
Spellman,
Bi'oaddus,
Isenhaur,
Strange,
Cautliorn,
Johnson,
Teeter,
Clark,
Jones,
Tingley,
Coitman,
Kimball,
Thompson, of Spencer,
Cowgill,
King,
Thompson, of Elkhart,
Crumpacker,
Kirkpatrick,
Thayer,
Edwards, of Lawrence,Lenfesty,
Troutman,
Ellsworth,
Lee,
Tulley,
Eward,
Martin,
Wilson, of Jay,
Furnas,
Millett,
Willard,
Gifford,
North,
AVesner,
Given,
. Odle,
Woollen,
Glasgow,
Offutt,
Wood,
Glazebrook,
Ogden,
Woodard,
Goble,
Pfrimmer,
Wynn,
Goudie,
Reeder,
Mr. Speaker— G9
Those
who voted in the negative
were Messrs.
Baker,
Eaton,
Richardson,
CI ay pool.
Gregory,
Scott,
Cline,
McConnell,
Stanley,
Cobb,
Keed,
Shutt,
Cole,
Prentiss,
Woolflin,
Durham,
Riggs,
Whitworth— 18.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
187
House Bill No. 37 was read a third time and put upMi its passage.
The question beiug, shall the bill pass?
Those who
voted in the affirmative
were, Messrs.
Anderson,
Goudie,
Riggs,
Baker,
Gregory,
Richardson,
Baxter,
Grooendyke,
Ramsey,
Billingsley,
Hardesty,
Satterwhite,
Branham,
Hatch,
Sell muck,
Brett,
Hellen,
Scott,
Buskirk,
Hedrick,
Shirley,
Butts,
HoUingsworth,
Spell man.
Butterworth,
Hoyer,
Smith,
Broadus,
Isenhauer,
Stanley,
Cauthorn,
Johnson,
Shutt,
Clark,
Jones,
Strange,
Claypool,
Kimball,
Teeter,
Cline,
King,
Tingley,
Coffman,
Kirkpatrick,
Thompson, of Spencer,
Cobb,
Lenfesty,
Thompson, of Elkhart,
Cole,
Lee,
Thayer,
Cowgill,
Martin,
Troutman,
Crumpacker,
Mellett,
Tulley,
Durham,
McConnell,
Wilson, of Jay,
Eaton,
North,
Willard,
Edwards, of Lawrence,Odel,
Wesner,
Ellsworth,
Oifutt,
Wolflin,
Eward,
Offden,
Woollen,
Furnas,
Peed,
Wood,
Gifford,
Prentiss,
Woodard,
Given,
Pfrimmer,
Whitworth,
Glasgow,
Reedder,
Wynn,
Glazebrook,
Reno,
Mr. Speaker— 89.
Goble,
Reeves,
No one voting in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
188
House Bill No. 43 was read a third time and put upon its passage.
Those who voted in the affirmative were, Messrs.
Billingsley,
Cauthorn,
Coffman,
Durham,
Furnas,
Gregory,
Heller,
Henderson,
Hoyer,
Johnson,
King,
Miller,
Ogden,
Schmuck,
Shirley,
Thayer,
Woollen—
17.
Those who voted in the negative were, Messrs^
Anderson,
Goudie,
Riggs,
Baker,
Gronendyke,
Richardson,
Branham,
IJardesty,
Ramsey,
Brett,
Hatch,
Satter white,,
Buskirk,
Hedrick,
Scott,
Butts,
Hollingsworth,
Smith,
Butterworth,
Isenhaur,
Spellman,
Broad us,
Jon es,
Stanley,
Clark,
Kimball,
Shutt,"
Claypool,
Kirkpatrick,
Teter,
Cline,
Len testy,
Tingley,
Cobb,
Lee,
Thompson, of Spencer,
Cole,
Martin,
Thompson, of Elkhart,
Cowgill,
Mellett,
Trout man,
Crumpacker,
McCounell,
Tulley,
Eaton,
North,
Wilson, of Jay,
Edwards, of Lawrence,Odle,
Willard,
Ellsworth,
Offutt,
Wesner,
Ewsrd,
Peed,
Wood,
Giffbrd,
Prentiss,
Woodard,
Given,
Pfrimmer,
Whitworth,
Glasgow,
Reedder,
Wynn,
Glazebrook,
Keno,
Mr. Speaker — 71.
Goble,
Reeves,
So the bill did not pass.
By the unanimous conseut of the House,
The regular order of business was suspended, and
189
Mr. Kimball introduced.
House Bill No. 129. A bill to protect the Wabash and Erie
Canal and the tolls and revenues thereof from sales or sequestration
for the satisfaction of the lien of certain bonds or stocks of the State
issued prior to the transfer of said Canal to the present Board of
Trustees thereof, and to provide for the satisfaction of said bonds or
stocks.
Which was read a first time.
Mr. Cauthorn moved to lay the bill on the table, and that two
hundred copies of the same be printed.
Which motion prevailed.
House Bill No. 39 was read a third time and put upon its passage*
The question being, shall the bill pass?
Those who voted in the affirmative were, Messrs.
Anderson,
Furnas,
McConnell,
Baker,
Gifford,
Odle,
Baxter,
Given,
Offutt,
Billingsley,
Glasgow,
Peed,
Branham,
Glazebrook,
Prentiss,
Brett,
Goble,
Pfrimmer,
Buskirk,
Gregory,
Reno,
Butts,
Gronendyke,
Reeves,
Butterworth,
Hardesty,
Riggs,
Broadus,
Hatch,
Richardson,
Cauthorn,
Henderson,
Rumsey,
Clark,
Hedrick,
Satterwhite,
Claypool,
Hollingsworth,
Scott,
Coflman,
King,
Smith,
Cobb,
Kirkpatrick,
Spellman,
Cole,
Lenfesty,
Teter,
Cowgill,
Lent,
Tingley,
Edwards, of Lawrence,Martin,
Thompson, of Spencer,
Ellsworth,
Mellett,
Thompson, of Elkhart,
Eward,
Miller,
Thayer,
190
Troutraan, - Willard,
Tulley, Wesner,
Walker, Wolflin,
Wilson, of Ripley, Wood,
Woodard,
Whitworth,
Wynn,
Mr. Speaker— 71.
Those loho voted in the negative icere, Messrs.
Cline,
Johnson,
Schmuck,
Crumpacker,
Jones,
Shirley,
Durham,
Kimball,
Stanley,
Eaton,
Lee,
Shutt,
Goudie,
North,
Strange,
Heller,
Ogden,
Wilson, of Jay^
Hoyer,
Reeder,
Woollen— 22.
Isenliaur,
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
Ordered, That the Clerk inform the Senate thereof.
House Bill No. 69 was read a third time, and put upon its passage.
The question being, shall the bill pass?
Those who voted in the afirmative were, Messrs,
Anderson,
Coffman,
Given,
Billingsley,
Cobb,
Glazebrook,
Bran ham,
Cole,
Goble,
Buskirk,
Cowgill,
Goudie,
Butts,
Crumpacker,
Gregory,
Butterworth,
Eaton,
Gronendyke,
Broadus,
Edwards of Lawrence,Hardesty,
tjRuthorn,
Ellsworth,
Hatch,
Clark,
Eward,
Heller,
CI ay pool,
Furnas,
Henderson,
Cliue,
Gilford,
Hedrick,
191
Hollingsworth,
Ogden,
Tingley,
Hoyer,
Peed,
Thompson, of Spencer
Isenhaur,
Prentiss,
Thompson, of Elkhart
Johnson,
Pfrimmer,
Thayer,
Jones,
Reeder,
Troutman,
Kimball,
Reno,
Tulley,
King,
Reeves,
Walker,
Kirkpatrick,
Riggs,
Wilson, of Jay,
Lenfesty,
Richardson,
Wilson, of Ripley,,
Lee,
Rumsey,
Willard,
Lent,
Satterwhite,
Wesner,
Martin,
Scott,
Wolflin,
Mellett,
Shirley,
Woollen,
Miller,
Smith,
Wood,
McConnell,
Spellman,
Woodard,
North,
Shutt,
Whit'.v'orth,
Odle,
Strange,
Wynn,
Offutt,
Teter,
Mr. Speaker — 87.
Those who voted in the negative were, Messrs.
Durham, Reno, Stanley — 3.
So the bill passed.
The question being, shall the title as read stand as the title ofjthe
bill?
It was so ordered.
House Bill No. 72 was read a third time and put upon its
passage.
The question being, shall the bill pass ?
Those who votedHn the affirmative were, Messrs.
Baxter,
Butterv/orth,
Cobb,
Billingsly,
Broadus,
Cole,
Branham,
Clark,
Cowgill,
Brett,
Clir.o,
Eaton,
Butts,
Coflu.un,
Edwards, of Lawrence^
192
Eward,
Kirkpatrick,
Richardson,
Furnas,
Lee,
Rumsey,
Gifford,
Mellett,
Satterwhite,
Given,
McConnell,
Tingley,
Glasgow,
North,
Thompson, of Spencer,
Gregory,
Odie,
Thayer,
Hatch,
Offutt,
Troutman,
Henderson,
Ogden,
Walker,
Hedrickj
Prentiss,
Wilson, of Ripley,
HoUingsworth,
Pfrimmer,
VVolflin,
Hoyer,
Keno,
Wood,
Isenhaur,
Reeves,
Whitworth,
King,
Riggs,
Mr. Speaker — 54.
Those who voted in the negative
were, Messrs.
Anderson,
Heller,
Shutt,
Baker,
Jones,
Strange,
Cauthorn,
Lenfesty,
Teteer,
Claypool,
Martin,
Thompson, of Elkhart,
Crura packer,
Miller,
Tulley,
Durham,
Peed,
Wilson, of Jay,
Ellsworth,
Reeder,
Willard,
Glazebrook,
Schmuck,
Wesner,
Goble,
Scott,
Woollen,
Goudie,
Smith,
Woodard,
Gronendyke,
Spellman,
Wynn— 35.
Hardesty,
Stanley,
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
House Bill No. 95 was read a third time and put upon its passage.
The question being, shall the bill pass?
Those who voted in the afirmative were, 3Iessrs.
Anderson,
Baker,
Baxter,
Billingsley,
Brauham,
Brett,
^Butterwortli,
Broad LIS,
Cautlioru,
Clark,
Claypool,
Cline,
CoflPman,
Cole,
Cowgill,
Criimpacker,
Durham,
Eaton,
Edwards,
Eward,
Furnas,
Given,
Glasgow,
Glazebrook,
Goble,
Goudie,
Gregory.
Hardesty,
Hatch,
Heller,
Henderson,
Hedrick.
193
Hollingswo"rth,
Hoyer,
Isenhaiir,
Jones,
Johnson,
Kimball,
King,
Kirkpatrick,
Lenl'esty,
Lee,
Lent,
Martin,
Mellett,
Miller,
McConnell,
Nofth,
Odle,
Offutt,
Ogden,
Peed,
Pfrimmer,
Ruder,
Reno,
Richardson,
Rumsey,
Satter white,
Schmuck,
Scott,
Shirley,
Smith,
Spellman,
Stanley,
Shutfc,
Strange,
Teeter,
Tingley,
Thompson, of Spencer,
Thompson, of Elkhart,
Thayer,
Troutman,
Tulley,
Walker,
Wilson, of Ripley,
Wilson, of Jay,
Willard,
Wesner,
Woollen,
Whitworth,
Wynn,
Mr. Speaker — 86.
Mr. Cobb voting iu the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
The following message was received from the Senate, by the
Secretary thereof:
Mr. Speaker :
• I am directed by the Senate to inform the House, that the Senate
H. J.— 13
194
has adopted the resolution of the House in relation to adjournment^
which reads as follows^ to wit :
Whereas, His Excellency the President of the United States^
has designated Thursday, the 28th day of November, as a day of
thanksgiving, and the members of this General Assembly are desir-
ous of returning to their homes, and spending that day with their
relatives and friends, therefore,
Besolved, By the House of Representatives, the Senate concurring
and consenting thereto, that the House, when it adjourns on Wednes-
day next, the 27th iust., do adjourn until Monday, December 2d
proximo, at 2 o'clock p. M.
With the following amendment, strike out the words " the House,"
and insert in line thereof "each House of the General Assembly of
the State of Indiana," and respectfully ask the concurrence of the
House in said amendment.
House Bill No. 26 was read a third time and put upon its passage.
The question being, shall the bill pass?
Those who voted in the affirmative were, Messrs.
Baker,
Baxter,
Billingsley,
Butts,
Broadus,
Cauthorn,
Clark,
Claypool,
Coffman,
Cole,
Cowgill,
Durham,
Eaton,
Eward,
Glasgow,
Glazebrook,
Gregory,
Hardesty,
Hatch,
Henderson,
Hedrick,
Hollingsworth,
Johnson,
Jones,
Kimball,
King,
Kirkpatrick,
Martin,
Miller,
North,
Odle,
OflFutt,
Ogden,
Prentiss,
Riggs,
Schmuck,
Scott,
Spellman,
Stanley,
Strange,
Tingley,
Thompson, of Spencer,
Thayer,
Troutman,
Walker,
Wilson, of Ripley,
Wilson, of Jay,
Wesner,
Wolflin,
Woollen,
W^ood,
Woodard— 52.
195
Those who voted in the negative were, Messrs.
Anderson,
Heller,
Richardson,
Branham,
Hoyer,
Rurasey,
Brett,
Isenhaur,
Satter white.
Butterwortli,
Len festy ,
Smith,
Cline,
Lee,
Shutt,
Cobb,
Lent,
Teeter,
Crum packer,
Mellet,
Thompson, of Elkhart,
Edwards, of Lawrence, McConnell,
WiUard,
Ellsworth,
Peed,
Whitworth,
Gifford,
Pfrimmer,
Wynn,
Goble,
Ruder,
Mr. Speaker— 38.
Goiidie,
Reno,
Gronendyke,
Reeves,
|; « So the bill
passed.
The question being, shall the title as read stand as the title of the
bill?
«
It was so ordered.
By unanimous consent of the House, the regular order of busi-
ness was suspended and the House concurrent resolution in relation
to the adjournment of the House and Senate was taken up.
And, on motion, the proposed Senate amendment was adopted.
House Bill No. 73 was read a third time.
On motion by Mr. Butterworth,
The further consideration of the bill was postponed vntil Tuesday
next at 2 o'clock p. m.
House Bill No. 99 was read a third time.
On motion of Mr. King,
■ •. The bill was referred back to the committee on cities and towns.
House Bill No. 50 was read a third time and put upon its passage.
196
The question being-, shall the bill pass?
Those who voted in the affirmative were, Messrs.
Anderson,
Hardesty,
Rumsey,
Baker,
Hatch,!
Satterwhite,
Baxter,
Heller,
Schmuck,
Billingsley,
Henderson,
Scott,
Branham,
Hollingsworth,
Shirley,
Brett,
Hoyer,
Smith,
Butts,
Isenhaur,
Spell man,
Butterworth,
Johnson,
Stanley,
Broaddus,
Iviraball,
Shutt,
Cauthorn,
King,
Strange,
Cobb,
Kirkpatrick,
Tingley,
Cowgill,
Lenfesty,
Thompson, of Spencer,
Crunipacker,
Lent,
Thompson, of Elkhart,
Clark,
Martin,
Thayer,
Durham,
Mellett,
Troutman,
Eaton,
Miller,
Tulley,
Edwards, of Lawrence,McConnell,
Walker,
Ellsworth,
North,
Wilson, of Ripley,
Ev/ard,
Odle,
Wilson, of Jay,
Furnas,
Offutt, ;
Wesner,
Gifford,
Ogden,
Wolflin,
Glasgow,
Peed,
Woolen,
Glazebrook,
Prentiss,
Wood,
Goble,
Ruder,
Woodard,
Goudie,
Reeves,
Whitworth,
Gregory,
Riggs,
Wynn,
Gronendyke,
Richardson,
Mr. Speaker — 84.
Those wh
0 voted in the negative
were, llessrs.
Hedrick,
Reno,
Willard— 5.
Pfrimmer,
Teter,
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
197
House Bill No. 71 was read a third time and put upon its
passage.
The question being, shall the bill pass?
Those who voted in the affirmative were, Messrs.
Baker,
Hardesty,
Satterwhite,
Baxter,
Hatch,
Shutts,
Billingsley,
Hedrick,
Teter,
Bran ham,
Hollingsworth,
Tingley,
Butts,
Johnson,
Thompson, of Spencer,
Broad us,
Kimball,
Thayer,
Clark,
Kirkpatrick,
Troutman,
Coif man,
Lee,
Wilson, of Ripley,
Cobb,
North,
Wesner,
Cole,
Odle,i
Walker,
Cowgill,
Offutt,
Wolflin,
Crum packer,
Ogden,
Woollen,
Edwards, of Lawrence,Prentiss,
Wood,
Giifbrd,
Riggs,
Wynn, '
Gregory,
Rumsey, ^
Mr. Speaker — 47.
Gronendyke,
Those who voted in the negative were, Messrs.
Anderson,
Heller,
Reeves,
Brett,
Henderson,
Schrauck,
Cauthorn,
Hoyer,
Scott,
Claypool,
Isenhaur,
Shirley,
Cline,
Jones,
Smith,
Durham,
Lenfesty,
Spellman,
Eaton,
Martin,
Stanley,
Ellsworth,
Miller,
Strange,
Eward,
McConnell,
Thompson, of Elkhart,
Furnas,
Peed,^
Ttilley,
Glasgow,
Pfrimmer,
Wilson, of Jay,
Glazebrook,
Ruder,
• Woodard,
Goble, ;
Reno,
Whitworth— 42,
Goudie,
So the bill did not pass.
19«
House Bill No. 81 was read a third time and put upon its passage.
The question being, shall the bill pass ?
Those who [voted in the affirmative ^were, Messrs.
Baker,
Baxter,
Billingsley,
Gronendyke,
Hardesty,
Hendriek,
Rumsey,
Satter white,
Scott,
Branham,
Buskirk,
Butts,
HoUingsworth,
Johnson,
Jones,
Smith,
Stanley,
Strange,
Butterworth,)
Kimball,
Teter,
Broad us,
Clark,
Cobb,
Cole,
King,
Kirkpatrick,
Lee,
Lent,
Tingley,
Thompson, of Spencer,
Thayer,
Troutman,
Cowgill,
Crumpacker,
Martin,
Millett,
Tulley,
Walker,
Durham,
Miller,
Wilson, of Ripley,
Edwards, of Lawrence,McConnell,
Ellsworth, North,
Wilson, of Jay,
Wesner,
Eward,
Odle,
Wolflin,
Furnas,
Offut,
Woollen,
Gifford,
Ogden,
Wood,
Given,
Prentiss,
Woodard.
Glasgow,
Ruder,
Whitworth,
Glazebrook,
Reeves,
Wynn,
Goble,
Goudie,
Riggs,
Mr. Speaker— 70.
Those who voted in the negatim were, Messrs.
Anderson,
Hatch,
Richardson,
Brett,
Heller,
Schmuck,
CI ay pool,
Henderson,
Spellman,'
Cline,
Hoyer,
Shutt,
Coflman
Isenhaur,
Thompson, of Elkhart,
Eaton,
Lenfesty,
Willard— 20.
Gregory,
Reem,
So the bill passed.
]90
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
House Bill No. 90 was read a third time and put upon its passage.
The question being, shall the bill pass?
Those who voted in the affirmative were, Messrs.
Anderson,
Gronendyke,
Rumsey,
Baker,
Hardesty,
Satterwhite,
Branh&m,
Hedrick,
Scott,
Brett,
Hollinsworth,
Shirley,
Butts,
King,
Strange,
Butterworth,
Lee,
Teeter,
Clark,
Mellett,
Thompson, of Spencer.
Cline,
Odle,
Thayer,
CoiFman,
Ogden,
Wolflin,
Edwards, of Lawrence,Pfrimmer,
Woollen,
Giffbrd,
Riggs,
Mr. Speaker— 35.
Gregory, Richardson,
Tliose who voted in the negative were, Messrs.
Baxter,
Heller,
Schmuck,
Buskirk,
Hoyer,
Smith,
Broad us,
Isenhaur,
Spellman,
C!authorn,
Jones,
Stanley,
Claypool,
Kirkpatrick,
Shutt,
Cobb,
Lenfesty,
Tingley,
Cole,
Martin,
Thompson, of Elkhart,
Cowgill,
Miller,
Troutman,
Durham,
McConuell,
Tulley,'
Eaton,
North,
Walker,
Ellsworth,
Offutt,
Wilson, of Jay,
Eward,
Peed,
Willard,
Furnas,
Prentiss,
Wesner,
Given,
Ruder,
Wood,
Glazebrook,
Reno,
Woodard,
Goudie,
Reeves,
Wynn— 49. . ,.^
Hatch,
'...'■
200
So the bill did not pass. • , - •
SPECIAL OEDER FOE THE DAY.
At 12 o'clock M.
Pursuant to a concurrent resolution, and in obedience to an act of
Congress, the House by an open viva voce vote proceeded to name
one person for Senator in the Congress of the United States, for the
State of Indiana, to serve for the term of six years, from and after
the fourth day of March, in the year of our Lord, one thousand
eight hundred and seventy-three.
Mr. Cauthorn moved a call of the House.
Those who answered to their
Anderson,,
Baker,
Baxter,
Billingsley,
Bowser,
Branham,
Brett,
Buskirk,
Butts,
Butterworth,
Broadus,
Caiithorn,
Clark,
Claypool,
Cline,
Coffman,
Cobb,
Cole,
Cowgill,
Crumpackcr,
Durham,
Eaton,
Edwards, of La
£llsworth,
Eward,
Furnas,
Gifford,
Given,
Glascow,
Glazebrook,
Goudie,
Gregory,
Gronendyke,
Hardesty,
Hatch
Heller,
Henderson,
Hedrick,
Hollinsworth,
Hoyer,
Isenhaur,
Johnson,
Jones,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lee,
Lent,
Martin,
'wrencCjMellett,
Miller,
McConnell,
McKinney,
North,
Odle,
names were, 3Iessrs.
Offut,
Ogden,
Peed,
Prentiss,
Pfrimmer,
Rudder,
Reno,
Reeves,
Riggs,
Richardson,
Rumsey,
Satterwhite,
Schmuck,
Scott,
Shirley, •
Smith,
Spell man,
Stanley,
Shutt,
Strange,
Teeter,
Tingley,
Thompson, of Spencer,
Thompson, of Elkhart,
Thayer,
Troutman,
Tulley,
Walker,
201
"Wilson, of Ripley, Wolflin,
Wilson, of Jay, Wood,
Willard, Woodard,
Wesner,
Whitworth,
Wynn,
Mr. Speaker — 95,
On motion of Mr. Cobb further proceedings under the call
were dispensed with.
Nominations for United States Senators being in order, Mr,
Thayer nominated Oliver P. Morton.
Mr. Woollen nominated James D, Williams.
Those who voted for Oliver P. Morion, were, Messrs.
Baxter,
Hardesty,
Riggs,
Billingsley,
Hatch,
Rumsey,
Branham,
Hedrick,
Satterwhite,
Butts,
Hollinsworth,
Scott,
Butterworth,
Jon son.
Tingley,
Bradus,
Kimball,
Thompson, of Spencer.
Clark,
Khig,
Thompson, of Elkhart
Cobb,
Kirkpatrick,
Thayer,
Cole,
Lenfesty,
Troutman,
Cowgill,
Lee,
Walker,
Crum packer.
Lent,
Wilson, of Ripley,
Edwards, of L
awrence,Mellett,
Wilson, of Jay,
Eward,
Miller,
Wesner,
Furnas,
North,
Wolflin,
Giifbrd,
Odle,
A\^ood,
Glasgow,
Ogden,
Woodard,
Goudie,
Printiss,
Wynn,
Grondyke,
Reeves,
Mr. Speaker — 54.
Those who voted for James D. Willams, were Messrs.
Anderson,
Baker,
Brett,
Bowser.
Buskirk,
Cau thorn,
Claypool,
Cline,
Coff'raan,
Durham,
Eaton,
Ellsworth,
Given,
Glazebrook,
Gregory,
Heller,
Henderson,
Hoyer,
Lsenhour,
Jones,
Martin,
202
McKinney,
McConnel,
Richardson,
Schmuck,
Strange.
Teeter,
Oflutt,
Peed,
Shirley,
Smith,
Tulley,
Willard,
Pfrimmer,
Reedder,
Reno,
Spell man,
Stanley,
Sbutt,
Woollen,
Whitwortb-
-41.
Whole number of votes cast, 95 ; of which number Oliver P.
Morton received 54. James D. Williams received 41. Oliver P.
Morton having received a majority of all the votes cast was declared
by the Speaker of the House to be the choice of the House of
Representatives for Senator in Congress for the term of six years,
from and after the foui'th day of March, A. D. 1873.
The following message from the Senate by the Secretary thereof:
Mr. Speaker:
I am directed by the Senate to inform the House that the Senate
has adopted the following resolution :
Resolved, (by the Senate, the House concurring therein,) That
both Houses meet in joint convention in the Hall of the House of
Representatives at 12 o'clock, roeridian, on to-morrow to compare
and announce the vote for United States Senator in compliance with
a law of Congress, in which the concurrence of the House is respect-
fully requested.
By unanimous consent of the House
The regular order of business was suspended, and the message of
the Senate taken up.
On motion,
The Senate concurrent resolution was concurred in.
Mr. King presented the following resolution from the Common
Council of the City of Indianapolis in relation to the State House
grounds:
Indianapolis, Indiana, Nov. 26, 1872.
At a meeting of the Common Council of the City of Indianapolis,
203
held on the 25th day of November, 1872, the following resolution
was unanimously adopted.
Attest: JOHN E. CLINTON,
City Clerk.
Resolved, That the City of Indianapolis hereby consents to the
vacation of Market and Wabash streets between Tennesse and
Mississippi streets for the purpose of enlarging the State House
Grounds.
Indianapolis, Ind., November 26, 1872.
At a meeting of the Common Council of the city of Indianapolis,
lield on the 25th day of November, 1872.
The following preamble and resolution was presented by Dr. J.
H. Woodburn and unanimously adopted.
JOHN R. CLINTON,
City Clerk.
Wheeeas, The north half of square No. 48, commonly called
West Market Square, was dedicated by the State to the city for the
purposes of a market space, and if the same should be applied to any
other use it would revert to the original grantor the State of Indiana ;
and,
Whereas, It is for the benefit of city and of the State that the
new State House shall be erected upon the present cite ; therefore,
be it
Resolved, That in consideration, that the new State House which
it is propesed to build, shall be erected upon or near the present cite,
and that said part of square 48 shall be used as part of the State
House grounds. The city of Indianapolis does hereby release and
relinquish to the State of Indiana, all her right, title, to and interest
in the real estate aforesaid.
Which were referred to the select committee on State House and
State House grounds.
On motion, the House adjourned until 2 o'clock, p. m.
204
tuesday afternoon, 2 o'clock.
November 26, 1872.
House met pursuant to adjournment with the Speaker in the chair,.
House Bill No. 98 was read a third time and put upon its passage*
The (question being, shall the bill pass?
Those who voted, in the affirmative were, Messrs.
Anderson,
Hardesty,
Rumsey,
Baker,
Hatch,
Satter white.
Baxter,
Heller,
Schmuck,
Billingsley,
Hedrick,
Scott,
Blocher,
Hollingsworth,
Shirley,
Branham,
Hoyer,
Smith,
Butts,
Johnson,
Speilman,
Butter worth,
Jones,
Stanley,
Broaddus,
Kimball,
Shutt,
Cauthorn,
King,
Strange,
Clark,
Kirkpatrick,
Teeter,
Cline,
Lenfesty,
Tingley,
Coifman,
Martin,
Thompson, of Spencer,
Cobb,
Mellett,
Thompson, of Elkhart,
Cole,
Miller,
Thayer, . ■
Crura packer,
McKinney,
Troutman,
Durham,
McConnell,
TuUey,
Eaton,
North,
Walker,
Edwards, of Lawrence. Odle,
Wilson, of Ripley,
Ellsworth,
Offutt,
Wilson, of jay,
Eward,
Ogden,
Willard,
Furnas,
Peed,
Wessner,
Giffard,
Prentiss,
Wolflin,
Given,
Pfrimmer,
Woollen,
Glasgow,
Reeder,
Wood,
Glazebrook,
Reno,
Woodard,
Goble,
Reeves,
Wynn,
Goudie,
Richardson,
Mr. Speaker — 85.
Gregory,
- • ' . 205
Mr. Claypool voting in the negative. ,
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
Mr. Walker, chairman on the judiciary committee, submitted the
following majority report :
Mr, Speaker:
The committee on the judiciary, to whom was referred House Bill
No. 5, entitled " An act to amend an act entitled an act to exempt
property from sale in certain cases," have had the same under con-
sideration, and have directed that the same be reported back to the
House with recommendation that the same be indefinitely postponed.
Mr. Shirley, from the committee on the judiciary, submitted the
following minority report :
Mr. Speaker:
The committee on the judiciary having had under consideration
House Bill No. 5. " An act to amend section one of an act to
exempt property from sale in certain cases," approved February
17th, 1852, the undersigned begs leave to submit the following
minority report. Believing such legislation is necessary, they rec-
ommend that said Bill 'So. 5 be passed by the House.
W. S. SHIRLEY.
Mr. Cauthorn moved to lay the minority report on the table.
Whereupon Messrs. Given and Brett demanded the ayes and noes.
Tliose who voted in the affirmative were Messrs.
Anderson,
Bloeher,
Coffman,
Baker,
Butts,
Cole,
Barrett,
Broaddus,
Cowgill,
Baxter,
Clark,
Crumpacker,
Billingsley,
Cline,
Durham,
206
Ellsworth,
Lee,
Schmucky ' '
Eward,
Lent,
Scott,
Glasgow,
Miller,
Stanley,
Glazebrook,
Mc Kinney,
Shutt,
Goble,
McConnell,
Strange,
Goudie,
North,
Teeter,
Hatch,
Odle,
Tingley,
Heller,
Ogden,
Troutman,
Hover,
Peed,
Tulley,
Johnson,
Prentiss,
"Walker,
Jones,
E.eeder,
Wilson, of Ripley^
Kimball,
Reno,
"Wilson, of Jay,
King,
Reeves,
Wolflin,
Kirkpatrick,
Riggs,
Woollen,
Lenfesty,
Rumsey,
Wynn— 59.
Tliose who voted in the negative
were, 3Iessrs. ■'
Branham,
Hardesty,
Spellman,
Brett,
Henderson,
Thompson, of Spencer^
Butterworth,
Hedrick,
Thompson, of Elkhart,
Cauthoi-n,
Hollingsworth,
Thayer,
Claypool,
Martin,
Wiliard,
Cobb,
Mellett,
"Wesner,
Eaton,
Oflfutt,
Wood,
Edwards, of Lawrence
ijPfrimnier,
Woodard,
Gifford,
Richardson,
Whit worth,
Given,
Satterwhite,
Mr. Speaker— 32.
Gregory, Shirley,
So the minority report was laid upon the table.
Mr. Kimball offered the following resolution :
Resolved, That the Bill be committed, with instructions to amend
the same by making the exemption three hundred dollars, and the
books, implements, tools or other property of the debtor, used in his
profession, trade or calling, not exceeding one thousand^dollars.
Which was adopted.
So the bill was recommended with instructions to so amend and
report accordingly.
, ■ . 207
! Mr. Kirkpatrick offered the following resolution :
' Resolved, That in all cases where committees report favorable on
any bill submitted for their consideration, this House does order
that the same be prhited in sufficient number to supply each
member with a copy thereof.
Which was not adopted.
Mr. Cauthorn's resolution in relation to the asserted claim in
favor of the State of Indiana against the Terre Haute Railroad, was
taken from the Speaker's table.
. "Which was laid over by consent.
I;,
I . Mr. Furnas offered the following resolution :
Whereas, The members of this House have learned that
a National Convention of breeders of shorthorned cattle is about
assembling in this city for an interchange of opinions on that
important branch of husbandry ; and,
Whereas, This House has learned that many distinguished
citizens from other States have already in this city for that purpose ;
therefore,
Resolved, That this House cordially invite all those assembling
in this city for the purpose aforesaid to the occupancy of thia
chamber after to-morrow during the remainder of this week, if the
convention should see fit to do so.
Which was adopted.
If Mr. Cole presented a memorial from the Trustees of the Indiana
Agricultural College, now called Purdue University, praying for an
appropriation of ^100,000.
Which was referred to the committee on education.
The following communication was received from the Auditor of
State.
208
STATE OF INDIANA,
Office of Auditor of State,
Ikdianapolis, Nov. 26, 1872.
IIo7i. William K. Edwards,
Speaker of the House of Representatives:
In compliance with a resolution of the House of Representatives
of the 26tli inst., requesting advanced sheets of such portion of my
report as relates to the subject of the State printing, I would
respectfully represent that in compliance with a similar request from
the Senate, advance sheets of my report on that subject have been
printed. Having a sufficient number of them to meet the above
request of the House, they are herewith presented, hoping you will
overlook the apparent discourtesy on finding them addressed to the
President of the Senate.
Respectfully,
JOHN C. SHOEMAKER,
Auditor.
Mr. Lenfesty introduced
House Bill No. 130. An act to render uniform the rate of inter-
est from the common school funds of the State of Indiana.
Which was read a first time, and referred to the committee on
education.
Mr. Kimball introduced
House Bill No. 131. An act for the prevention of cruelty to
animals and prescribing punishment therefor.
Which was read a first time and referred to the committee on the
judiciary.
Mr. Kimball introduced
House Bill No. 132. An act defining wife whipping, and
prescribing punishment therefor.
Which was read a first time and referred to the committee on
rights and privileges.
209
Mr. Riggs, chairman of the committee on claims, submitted the
following report:
Me. Speaker:
The committee on claims, to whom was referred the claims of the
Indianapolis Journal company for one thousand four hundred and
eighty-one dollars and five cents, have had the same under consider-
ation and recommend that it be allowed.
Which was concurred in, with instructions to the committee on
ways and means that but sis per centum per annum be allowed on
said claims.
Mr. Riggs, chairman of the committee on claims, submitted the
following report :
Mr. Speaker:
The committee on claims, to whom was referred the claims of R.
J. Bright and company for one thousand four hundred and eighty-
one dollars and live cents, liave investigated the claim and recom-
mend that the same be allowed.
Which was concurred in, with instructions to the committee on
ways and means that but six per centum per annum be allowed on
said claim.
Mr. Riggs, chairman of the committee on claims, submitted the
following report :
Mr. Speaker:
The committee on claims to whom was referred the claims of the
Indianapolis Journal Company, for twenty-two dollars, have
examined said claim and recommend that it be allowed.
Which was concurred in.
The claim of Joselyn & Brothers was withdrawn from the com-
mittee on claims.
Mr. Walker, chairman of the committee on judiciary, submitted
the following report.
H. J.— 14
210
Mr. Speaker : ,
Your committee on judiciary to whom was referred House Bill
No. 89, entitled "An act to amend section forty-nine and eigbty-
geven of an act providing for the settlement of decedents estates,
prescribing the rights, liabilities, and duties of officers connected
with the management thereof, and certain forms to be used in such
Bettlements," approved June 17, 1852, have had the same under
consideration and direct me to report the same back to the House
with the recommendation that it be indefinitely postponed.
Which was concurred in.
Mr. Miller, from the committee on the judiciary, submitted the
following report.
Mr. Speaker :
Your committee on judiciary, to Avhom was referred House Bill
No. 93, entitled " An act to amend section sixteen of an act to
enable persons whose wives are insane to convey real estate,"
approved March 2, 1859, have had the same under consideration
and direct me to report it back to the House with the recommenda-
tion that it be indefinitely postponed.
Which was concurred in.
Mr. Woollen, from the committee on the judiciary, submitted the
following report.
Mr. Speaker:
The committee on the judiciary to whom was referred House Bill
No. 74, being an act to amend section ninety of an act entitled "An
act to revise, simplify and abridge the rules, practice, pleading and
forms in criminal actions in the Courts of this State," approved
June 17, 1852, having had the same under consideration and find
the subject matter thereof embraced in House Bill No. 35.
They therefore report said Bill No. 74 back to the House with
the recommendation that the same be indefinitely postponed.
W hich was concurred in.
211
Mr. Shirley, from the committee on the judiciary, submitted the
following report :
Mr. Speaker : .
The committee on the judiciary have had under consideration
House Bill I^'To. 30, " An act to amend section 445 of an act to revise,
simplify and abridge the rules, practice, pleadings, and forms in
civil cases in this State ; to abolish distinct forms of actions at law,
and to provide for administration of justice in a uniform mode of
pleading and practice without distinction between law and equity,"
approved June 18, 1852, and recommend that said bill be so amend-
ed as to strike out sections two and three of said bill ; and after the
same be so amended, said committee recommends its passage.
Which was concurred in, and the bill ordered to be engrossed.
Mr. Ogden, from the committee on the judiciary, submitted the
following report :
Mr. Speaker :
Your committee on the judiciary to whom was referred House
Bill No. 91, entitled "An act to amend an act concerning promissory
notes and bills of exchange, approved. May 12, 1852, and an act,
entitled an act concerning promissory notes and bills of exchange,
bonds or other instruments of writing, signed by any person who
promises to pay money, or acknowledges money to be due, or for the
delivery of any specific article, or to perform any stipulation therein
mentioned, and repealing all laws in conflict therewith," approved,
March 11, 1881, have had the same under considei-atiou, and have
directed me to report the same back to the House, with the recom-
mendation that it be indefinitely postponed.
Which was concurred in.
^Ir. Johnson, from the committee on judiciary, submitted a report
on House Bill No. 35.
Which was reported back to the committee for correction,
Mr. Glazebrook presented a petition of sundry citizens, asking the
repeal of the draining law.
Which was referred to the committed on the judiciary.
212
Mr. Gregory introduced
House Bill ISTo. 133. An act to repeal section 53 and 98, and
amend section 97 of an act, entitled, "An act to revise, simplify and
abridge the rules of practice, pleadings and forms in civil cases, in
the courts of this State, to abolish distinct forms of actions at law,
and to provide for the administration of justice in a uniform mode
of pleading and practice, without distinction between law and
equity," approved June 18, 1852.
Which was read a first time, and referred to the committee on
judiciary.
Mr. Gregory introduced
House Bill No. 134. An act to fix the time of holding Circuit
Courts, and the length of the terms thereof, in the several counties
comprising the Twelfth Judicial Circuit of the State of Indiana, and
providing for return of process thereto.
Which was read a first time, and referred to the following select'
committee :
J\'Iessrs. Gregory, Hatch and Cole.
Mr. King offered the following resolution :
Resolved, That the committee on railroads be authorized to employ
one clerk.
Which was adopted.
Mr. Wynn was granted leave of absence until Monday next.
Mr, Henderson, from the select committee to whom was referred
that part of the Governor's message in relation to the late Norman
Eddy, submitted the following report :
Mr. Speaker:
The select committee to whom Avas referred so much of the Gov-
Grnor's message as relates to the late Norman Eddy, have had the
same under consideration and unanimously submit the following
report :
213
Your committee feel that His Excellency, in his allusion to the
late Norman Eddy, has not only gained credit for himself as an
individual, but has conferred honor upon the exalted official position
he now fills. To forget and disregard the feelings of the partizan
at the grave of a political opponent, and listen only to the voice of
humanity, will ever meet the approbation of right thinking people.
No less commendable is the action of His Excellency in the appoint-
ment of his successor, and in the opinion of the committee should be
followed in future by all persons empowered to fill vacancies in like
case. Your committee feel that His Excellency has not- done more
than simple justice in thus alluding to the decedent in his message to
the General Assembly. The late Norman Eddy was no ordinary
man, and his death has created a void v/hich will long remain
unfilled. In all his official positions which he filled after he came
to the Slate, he demonstrated that he was the noblest work of God —
an honest man.
He was born in the State of New York, but removed to Indiana
in 1839, and settled in St. Joseph county, Indiana. In 1844 he
was a candidate for the Legislature, but as yet being a partial stranger
he was defeated by the Hon. William Miller. Some men are most
popular where least known, but not so with Colonel Eddy, his popu-
larity increased with his acquaintance. In 1845 he was elected
Justice of the Peace by his neighbors. In 1849, was elected a
member of the State Senate, and in October 1852, was elected to
Congress of the United States. In the confusion of political parties
which resulted from the repeal of the Missouri Compromise, he was
defeated for Congress in 1854 by a small majority by the Hon..
Schuyler Colfax, the present Vice-President of the United States^
In 1856 he was appointed District Attorney for Minnesota. In
1859 commissioner for the sale of Indiana trust land in Kansas, a
position offering a v/ide door for private speculation. He was after-
ward appointed on the board to investigate the alleged frauds in the
sale of swamp lands in Indiana. At the breaking out of the rebell-
ion he was commissioned a Colonel of Indiana volunteers on the
16th of October 1861, and did gallant service in the defense of his
country until July 11, 1863, when he was compelled to resign in
consequence of wounds received in battle.
In the year 1866 he was appointed Collector of Internal Revenue
for his District. In 1870 he was elected by the people Secretary of
State for Indiana, which office he ably filled until his death, on the
11th day of January, 1872. It is needless for your committee to
214
suggest that all the various official positions which he occupied were
ably and faithfully filled, for the unanimous expression of his fellow
citizens is to that effect; and the breath of suspicion has never
tainted the purity of his official life. The iact that he filled so many
and so various official positions of trust and profit by virtue of which
he might have enriched himself if he had wished to depart from the
path of integrity. And that he did enjoy the confidence of the
people, and left a limited estate for his family, is a standing witness
of his purity and integrity. In view of these facts, your committee
f-'ecommends that the House adopt the following resolutions :
Resolved, That we have heard with profound regret of the death
of Colonel Norman Eddy, and feel that the State, in his death, has
lost a valuable and worthy citizen.
Resolved, That the House specially commends the noble action of
His Excellency Governor Baker, in filling the vacancy in the office
of Secretary of State by his death, and hope the precedent will never
be departed from in the future Ijy any one having the power of ap-
pointment in like cases.
Resolved, That appreciating the ability and eminent public services
rendered the country, in council and in the field, by the decedent,
we commend his widow and children to the sympathy and tender
regards of his fellow citizens without regard to party predelection.
Resolved, That a copy of the above resolutions be forwarded to
the family of the decedent by the Clerk of the House.
All of which is respectfully submitted.
JOSEPH HENDERSON,
HENRY S. CAUTHORN,
W. W. BUTTER\YORTH,
CHARLES G. OFFUTT,
MARTIN WOOL,
Which was unanimously concurred in.
Mr. Jones was granted leave of absence until Monday next.
On motion of Mr. "VVoodard,
The House adjourned until to-morrow morning 9 o'clock.
215
WEDNESDAY MORNING.
November 27, 1872, 9 o'clock.
The House met pursuant to adjournment, with the Speaker in the
<;hair.
Prayer was offered by the Rev. Wm. F. Harmed, of Indian-
apolis.
The Journal of yesterday was read in part, when,
On motion, the further reading of the same was dispensed
with.
Reports of standing committees.
Mr. Edwards, of Lawrence, from the committee on the organiza-
tion of the Courts submitted the following report.
Mr. Speaker:
Your committee on the organization of Courts have had under
consideration House Bill No. 104, entitled " An act to amend the
seventy-eighth (78) section of un act, entitled " An act to revise,
simplify and abridge the rules of practice pleadings and forms in
criminal actions in the Courts of this State," approved June 17,
1852, report the same back to the House and recommend its passage.
Which bill was read a second time and ordered to be engrossed.
Mr. Claypool, from the committee on the organization of Courts
submitted the following report.
Me. Speaker :
The committee on organization of Courts to whom was referred
House Bill No. 118, an act, entitled ''An act making the parties
216
competent witnesses as to certian matters in actions by executors
and administrators upon contracts assigned to the decedent have liad
the same under consideration and directed me to report the same
back with the recommendation that it pass.
Which bill was read a second time and ordered to be engrossed-
Mr. Thompson, of Spencer, was granted leave of absence until
Monday next.
Mr. Hedrick, chairman of the committee on rights and privileges;
Bummitted the following report.
Me. Speaker :
The committee on rights and privileges, to whom was referred
House Bill No. 101, have had the same under consideration and
recommend that it be amended by striking out the third section,
after which we recommend its passage.
Which report was concurred in, the bill read a second time and
ordered to be engrossed.
Mr. Broaddus, chairman of the committee on engrossed bills,
submitted the following report :
Mk. Speaker:
Your committee on engrossed bills to whom was referred engrossed
bills Nos. 30 and 92 of the House of Representatives, have compared
the same with the original copies and find them in all respects
properly engrossed.
Mr. Pfrimmer, from the committee on rights and privileges,
submitted the following report :
Mr. Speaker :
The committee on rights and privileges, to whom was referred^
House Bill No. 186, entitled an act to amend an act entitled "An act
providing for the protection of fish," have had the same under
consideration, and have directed me to report the same back with
the recommendation that it be indefinitely postponed.
Which report was concurred in.
217
Mr. Clark, from the committee on rights and privileges, submitted
the following report :
Mr. Speaker :
The committee on rights and privileges, to whom was referred
House Bill No. 107, have had the same under consideration, and
recommend its passage.
Which bill was read a second time.
]Mr. Hedriek, from the committee on rights and privileges, sub-
mitted the following report :
Mr. Speaker:
The committee on rights and privileges, to whom was referred
House Bill No. 116, have had the same under consideration, and
recommend its passage.
Which bill was read a second time and ordered to be engrossed.
Mr. Branham, from the committee on railroads, submitted the
following report :
Mr. Speaker : • '
The coraaiittee on railroads, to whom was referred House Bill
No. 70, have had the same under consideration, and have directed
me to report it back to the House and recommend its passage.
Which bill was read a second time, and ordered to be engrossed.
Mr. Reeves, chairman of the committee on roads, submitted the
following report :
Mr. Speaker :
The committee to whom was referred House Bill No. 97, have had
the same under consideration, and recommend its indefinite postpone-
ment.
Which report was concurred in, and the bill indefinitely post-
poned.
218
INTRODUCTION OF BILLS, EESOLUTIONS AND PETITIONS.
Mr. Kimball offered the following resolution :
Resolved, That the committee on ways and means be instructed to
embrace in their specific appropriation bill, the sum of $445, to
defray the expenses of the funeral of the late Hon. Norman Eddy.
Which was adopted.
Mr. Baker presented the claim of the Jeffersonville Railroad Com-
pany against the State of Indiana, for transportation of persona
during the years of 1865 and 1866.
Which was referred to the committee on claims.
Mr. Given offered the following resolution :
Besolved, That the Auditor of State, be requested to furnish for
the use of the members of the House, the advance sheets of so much
-of his report as pertains to the sinking fund.
Which was adopted.
Mr. Mellett offered the following resolution :
Resolved, That a committee of five be appointed to determine and
adopt means for the best ventilation and heating of the Hall of this
Hous'e, and to instruct the Doorkeeper accordingly, who shall be
held strictly responsible for carrying out such instructions.
Which was adopted.
Mr. Thompson, of Elkhart, introduced
House Bill No. 135. A bill to amend section 2 of an act entitled
^'An act providing for the redemption of real property or any inter-
est therein sold on execution or order of sale, and providing for the
issuing of certificates of purchase in such cases and for the execution
of conveyances and repealing all laws in conflict therewith,"
approved June 17, 1861.
Which was read a first time and referred to the committee on
judiciary.
219
Mr. Lenfesty introduced
House Bill no 136. An act to amend section six hundred and fifty-
four, (654) of an act entitled "At act to revise, simplify and abridge
the rules, practice, pleadings and foi-ms in civil cases in the courts of
this State, to abolish distinct forms of action at law, and to provide
for the administration of justice in a uniform mode of pleading and
practice without distinction between law and equity," approved June
18, 1852.
\Thich bill was read a first time and referred to the committee on
the judiciary.
Mr. King presented a claim from W. P. & E, P. Gallup for rent
of rooms.
Which claim was referred to the committee on claims.
Mr. Johnson, from the commitee on the judiciary, submitted the
following report:
Mr. Speaker :
Your committee to whom was referred House Bill No. 35,
entitled "A bill to amend an act entitled ' an act to revise, simplify
and abridge the rules, practice, pleadings, and forms in criminal
actions in the courts of this State,^" approved June 17, 1852, have
duly considered said bill, and instruct me to return the same to the
House with the recommendation that it be amended as follows,
to-wit :
1. Strike out all of the fourth clause of section 1, except the
words " forth the defendant," and instead of the words so stricken
out insert the following: "At his own request, but not otherwise;
nor shall his neglect or refusal to testify create any presumptions
against him; nor shall any reference be made to, nor any comment
upon sacli neglect or refusal."
2. Strike out all of section 2.
And when said bill is so amended your committee recommend
that it pass.
Which report was concurred in, the amendments adopted, the bill
read a second time, and ordered to be engrossed.
220
Mr. Johnson introduced House Bill No, 137, as instructed by the
committee on the judiciary :
Mr. Speaker: *
Your committee on the judiciary have instructed me to introduce
the accompanying bill, entitled ''A bill to amend an act entitled
' an act to revise, simplify and abridge the rules, pra.ctice, pleadings,
and forms in criminal actions in the courts of this State. ^"
A bill to amend an act entitled "An act to revise, simplify, and
abridge the rules, practice, pleadings, and forms in criminal actions
in the courts of this State," approved June 17, 1852.
Which bill was read a first time and passed to a second reading
without i^eference.
Mr. North introduced
House Bill No. 138. An an to amend the third section of the
act, entitled ''An an to authorize cities and towns to negotiate and
sell bonds to procure means with which to erect and complete
unfinished school buildings and pay debts contracted for erection of
such buildings authorizing the levy and cellection of aa additional
special school tax for the payment of principal and interest of such
bonds," approved March 11, 1867.
Which was read a first time and referred to the committee on
education.
Mr. North introduced
House Bill No. 139. An act relating to expenses iuccurred by
one county by change of venue from another county.
Which was read a first time and referred to the committee on
the judiciary.
Mr. Woodard offered the following resolution :
Resolved, That the three committees meeting in the Singer
Sewing Machine Company building, be alloived a room-keeper, and
the committee on employes be discharged.
Which was adopted.
221
Mr. Woodard introduced
House Bill ^o. 140. An act repealing an act providing for the
protection of fish and repealing all laws in conflict with the same
prescribing penalties for the violation thereof, approved February
22, 1S71
Which was read a first time and referred to the committee on
agriculture.
Mr. Mellett introduced
House Bill Xo. 141. A bill to amend section seven of an act,
entitled "An act regulating the granting of divorces, nullifications ot
marriages and decrees and orders of Court incident thereto, and
declaring an emergency.^'
Which was read a first time and referred to the committee on
the judiciary.
Mr. Smith introduced
House Bill Ko. 142. A bill for an act giving a lien to lessors in
certain cases, prescribing some of the duties of lessors, and exempt-
ing growing crops from sale on execution until after maturity.
Which was read a first time and referred to the committee on the
judiciary.
Mr. Butterworth introduced
House Bill No. 143. An act to amend section one of an act
entitled "An act to incorporate the University of Notre Dame
Du Jjac, at South Bend, St. Joseph County, Indiana," approved
January 15th, 1814.
Which was read a first time and referred to the committee on cor-
porations.
Mr. Cowgill introduced
House bill No. 144. An act to provide for the crossing of rail-
roads, the keeping in repair of such crossings, and for the expense
thereof.
Which was read a first time and referred to the committee on
railroads.
The following message was received from the Senate, by the Secre-
tary thereof:
Mr. Speaker:
I am directed by the Senate to inform the House that the Senate
has adopted the following resolution of the Senate, which reads as
follows, to wit :
Senate Joint Resolution No. 1. A joint resolution in regard to
the improvement of the Ohio and Wabash rivers and their tribu-
taries.
And the same is herewith transmitted to the House.
Mr. Gregory introduced
House Bill No. 145. An act to amend sections seventeen and
twenty of an act approved June 16th, 18.r2, entitled " An act to pro-
vide for the opening, vacating, and change of highways."
Which was read a first time and referred to the committee on the
judiciary.
Mr. Mellett, chairman of the committee on education, submttted.
the following report:
The committee on education, to whom was referred House Bill
No. 56, appropriating twenty thousand dollars annually for the use
of the Indiana University, located at Bloomington, Indiana, having
had the same under consideration, report the same back to the
House and recommend its passage.
Mr. Richardson offered the following amendment :
Amend by striking out '' twenty thousand " and insert " ten
thousand."
Which was not adopted.
So the report was concurred in and the bill read a second time, and.
223
On motion of Mr. Brauham,
The bill was laid upon the table.
Mr. Shirley introduced
House Bill No. 146. An act to prevent the obstruction of ditches^
drains and running strpams, and prescribing penalties for the viola-
tion of the provisions of this act.
Which was read a first time and referred to the committee on
swamp lands.
On motion of Mr. Given,
The regular order of business was suspended, and Senate joint
resolution No. 1 was taken up.
A joint resolution in regard to the improvement of the Ohio and
Wabash rivers, and their tributaries:
Wheeeas, The Ohio river flows along the entire southern
boundary of this State for more than four hundred miles, and is the
great national and free thoroughfare for a large part of the people
of this State to use for the transportation of their products to
market, both within and beyond our natural limits, and,
Whereas, The navigation of said rivers and their tributaries
is in many other ways of great commercial importance to the
people of the State, and
Whereas, The steamboats and other vessels used in carrying
on the commerce and trade of said rivers, are rendered useless and
idle for long seasons of the year on account of low water, and obstruct-
ions in the channel of said rivers, and
Whereas, The Ohio River improvement commissions; a
commission created by the joint action of several States of the
Union interested in the in:iprovement of the Ohio river and its trib-
utaries, recently convened in the city of Cincinnati, in the State of
Ohio, and many eminent civil engineers are of the opinion that
said river and their tributaries might be greatly improved by a
judicious expenditure of a reasonable amount of money by the
United States ; therefore be it
224
Resolved, By the General Assembly of the State of Indiana, that
-our Senators in Congress be instructed and our Representatives be
requested to urge upon Congress the improvement of the Ohio and
Wabash rivers and their tributaries, so if possible render said rivers
and their tributaries navigable at all seasons, for any and all steam-
iDoats and vesseles now in use upon the same. Be it further
Hesolved, That His Excellency, the Governor, be requested to
transmit to each of our Senators and Representatives in Congress a
■copy of this joint resolution.
Which was read and
On motion of Mr. King
Was referred to the committee on federal relations.
House Bill No. 71, was taken from the Speaker's table and laid
•over without further action.
House Bill No. 30 was taken from the Speaker's table and laid
over without further action.
Mr. Cobb, chairman of the committee on enrolled bills, submitted
the following report:
Mr. Speaker:
Your joint committee on enrolled bills would respectfully report
that they have examined Enrolled Joint Resolution No. 5, entitled
" A joint resoltion instructing our Senators and requesting our Rep-
resentatives to vote against any measure in Congress to divide the
State into two or more judicial districts," and find the same cor-
rectly enrolled.
■;■ House Bill No. 92 was taken from the Speaker's table and laid
over without further action.
Mr. Furnas offered the following resolution :
Hesolved, That the committee on temperance is hereby instructed
to prepare and report to this House a bill prohibiting the sale of
intoxicating liquors in any city, town or township unless a majority
225
of the voters of such city, town, county or precinct shall petition
therefor.
Mr. Cauthorn moved to refer the resolution to the committee of
the whole House, and to be made a special order for Tuesday
next at 10 o'clock A, M.
Which motion did not prevail.
Mr. Rumsey offered the following amendment:
Amend by "requesting" committee.
Which was agreed to.
The question being, shall the resolution be adopted?
It was not agreed to.
On motiou,
The House took a recess for twenty minutes.
On the House being called to order, Messrs. Kimball and
Cauthorn were appointed a committee on the part of the House to
wait upon the Senate and notify that body that the House is ready to
receive the members thereof for the purpose of comparing the vote
of yesterday for United States Senator,
JOINT CONVENTION. >
The hour of 12 o'clock m., having arrived, the Senate came. into
the Hall of the House of Representatives and were seated on the
right of the Speaker.
Hon. Geo. W. Friedley, President of the Senate, took his seat on
the right of the Speaker, and called the Joint Convention to order.
The Journal of the Senate and House of Representatives Avere
read to the Joint Convention, so far as the same has reference to the
vote of the separate Houses had on yesterday for United States
Senator in Congress.
H. J.— 15
226
Oliver P. Morton had received iu the Seuate twenty-sevea votes.
In the House of Representatives, fifty-four.
Tlie whole number of votes given in the two Houses for Oliver
P. Morton, was eighty-one.
James D. Williams had received iu the Senate, twenty-one votes.
In the House of Representatives, forty-one.
The whole number of votes given in the two Houses for James
D. Williams, was sixty-two.
The President of the Joint Convention thereupon declared that
Oliver P. Morton, having received a majority of all the votes cast
in both Houses of the General Assembly of the State of Indiana,
was duly elected Senator in Congress of the United States, from the
State of Indiana, lor the term of six years, from and after the 4tli
day of March, A. D. 1873.
The Joint Convention then adjourned f:ine die, and the Senate
retired to its cliamber.
Mr. Lee was granted indefinite leave of absence.
Mr. Cauthoru was granted leave of absence until Tuesday next.
Mr. Kimball presented the claims of Barbour & Jacobs for legal
Bervices rendered the State.
Which was referred to the committee on claims.
The following message was received from the Senate by the
Secretary thereof.
Mr. Speaker:
I am directed by the President of the Senate to inform the House,
that he signed the following enrolled act of the House of Representa-
tives, to-wit :
227
Enrolled Joint Resolution No. 5, House of Representatives. A
joint resolution instructing our Senators and requesting our Repre-
sentatives to vote against any measure in Congress to divide the
State into two or more judicial districts, and the same is herewith
returned to the House.
On motion of Mr. Butterwortii,
The House adjourned until Monday next at 2 o'clock P. m.
228
MONDAY AFTERNOON.
December, 2, 1872, 2 o'clock.
The House met, pursuant to adjournment, with the Speaker irt
the chair.
The Journal of Wednesday, November 27, 1872, was read in part,
when,
On motion,
The further reading of the same was dispensed with.
The order of business being, the introduction of bills, resolutions
and petitions.
Mr. Wesner, introduced
House Bill No. 147. An act regulating the rate of interest upon
the loan or forbearance of money or things in action, repealing all
acts and parts of acts contravening the provisions of this act and
declaring an emergency for the same.
Which was read a first time and referred to the committee on the
judiciary.
Mr. Hardesty was called to the chair, and
Mr. Edwards, of Vigo, introduced
House Bill No. 148. An act defining certain felonies, and pre-
scribing punishment therefor, compelling testimony of parties
engaged therein against others than themselves, declaring contracts
with respects thereto, void, and repealing all acts in conflict with this
act.
229
Which was read a first time and referred to the committee ou the
judiciary.
Mr. Edwards of Vigo, introduced
House Bill No. 149. A bill to amend sections 39 and 131, of an
act entitled "An act to revise, simplify and abridge the rules, prac-
tice, pleadings and forms in criminal actions in the courts of this
State," approved June 17, 1852.
Which was read a first time, and referred to the committee on the
judiciary.
Mr. Wesner inti'oduced
House Bill No. 150. An act to repeal section two of an act,
entitled "An act defining certain misdemeanors, and prescribing
punishment therefor,'' approved, December 2, 1865.
Which w^as read a first time, and referred to the committee on the
judiciary.
Mr. Clark presented the petition of sundry citizens of Hamilton
county, on the subject of temperance.
Which was referred to the committee on temperance.
Mr. Kimball introduced
House Bill No. 151. An act to amend an act, entitled "An act
to declare abandoned, certain unfinished railroads, and to provide for
their completion to declare forfeited the franchises of certain railroad
companies, and for the organization of new companies, and for
making annual statements," approved, March 11, 1867.
Which was read a first time and referred to the committee on the
judiciary.
Mr. Kimball introduced
House Bill No. 152. An act to amend an act entitled "An act to
provide for the incorporation of railroad companies," approved May
11th, 1852.
230
"Which was read a first time aucl referred to the committee on the
judiciary.
The following message was received from the Senate by the Secre-
tary thereof:
Me. Speaker : "
I am directed by the Senate to inform the House that the Senate
has passed the following engrossed bill of the Senate, to wit:
Senate Bill No. 8. Entitled " An act to provide for the holding
of courts in the Twenty-fifth Common Pleas District of the State
of Indiana," and declaring an emergency, and the same is herewith
transmitted to the House.
Mr. Kimball presented petitions and claims of Jonathan W.
Gordon, Guttenburg Company, J. C. Graham and others against the
State of Indiana.
Which was referred to the committee on claims.
The Speaker took the chair and continued the call of counties.
Mr. Branham introduced
House Bill No. 153. An act to provide for the call of a conven-
tion of the people of the State of Indiana, to form a constitution for
said State.
AVhich was read a first time and referred to the committee on
the judiciary.
Mr. King introduced
House Bill No. 154. An act to amend an act entitled "An act
to make appropriations for certain purposes, and upon certain con-
ditions, and making provisions for the current expenses of the
benevolent institutions of the State in cases wliere the State fails to
make the necessary appropriations therefor," approved May Vlih^
1869, and declaring an emergency to exist.
Which bill was read a first time, and referred to the committee
on the judiciary.
231
Ml'. Furnas presented petitions of sundry citizens of Hendricka
County on the subject of temperance.
Which were referred to the committee on temperance.
Mr. Walker introduced
House Bill No. 155. An act providing for a general system of
common schools in all cities of eight thousand and more inhabitants,
and for the election of a board of school commissioners of such cities,
and defining their duties and prescribing their powers and providing
for common school libraries within such cities, and providing that
cities having a less population than eight thousand inhabitants may,
by a majority vote of the members of the Common Council, order
the election of members of a board of school commissioners accord-
ing to the provisions therein, and defining their powers and duties,
and repealing all laws in conflict therewith, and declaring an
emergency.
Which was read a first time and referred to the committee on
education.
On motion of Mr. Furnas,
The House adjourned until to-morrow morning at 9 o'clock, A. M.
232
TUESDAY MORNING,
Decembers, 1872, 9 o'clock.
The House met, pursuant to adjournment, with the Speaker in the
Chair.
Prayer was offered by the Eev. Charles H. Eaymond, of Indiana-
polis.
The Journal of yesterday ^Yas read and approved.
Mr. Hardesty oiFered the following resolution :
Whereas, It is with deep respect, that the House of Representa-
tives, of the General Assembly of the State of Indiana, has heard of
the death of Horace Greeley, the Journalist, Philosopher and Phil-
anthropist ; therefore, be it
Resolved, That in his death, the nation has lost one of its foremost
men, journalism its chieftain, philanthrophy a devotee, science a
practical worker, and the millions of toiling people of America, a
fast friend.
Hesolvcd, That as a mark of appreciation of the genius of the man,
when living, and of respect to his memory now, that he has gone to
his rest. That this preamble and resolution be spread upon the
Journals of the House.
On motion of Mr. Rumsey,
The preamble and resolution was referred to a select committee,
consisting of the following mamed gentlemen :
Messrs. Rumsey, Hardesty, Cauthorn, Buskirk and Richardson.
233
REPORTS OF STANDING COMMITTEES.
Mr. Buttei'worth, chairman of the committee on swamp lands,
submitted the following report:
Me. Speaker :
The committee on swamp lands have had under consideration
House Bill No. 76, for an act to amend an act to enable the owners
of wet lands to drain and reclaim when the same can not be done
without affecting the lands of others, approved March 11th, 1867,
and have directed me to report the same back with the following
amendments, and when adopted recommend its passage :
Amend in section six, (fourth line), by striking out the words
"Court of Common Pleas," and insert in place thereof the words
"Circuit or Common Pleas Court."
Amend by adding the following after section seven :
Section eight. When the assessors have appraised the benefits or
damages to any tract of land, and have made an error In the descrip-
tions of the same in their report of assessment, such error may be
amended on the trial in courts of any cause under this act, said error
being alleged in the complaint and found on trial.
Which report was concurred in and the amendments approved,
the bill read a second time, and.
On motion of Mr. Heller,
The bill was laid upon the table and three hundred copies ordered
to be printed for the use of the members of the House.
The following message was received from the Governor by his
Private Secretary, John M. Commons.
Mr. Speaker :
By direction of the Governor I have the honor to transmit here-
234
with a communication, accompanied by the annual report ot the
Triistces and Superintendant of the Institution for the Education of
the Deaf and Dumb.
JOHN M. COMMONS,
Private Secretary.
The following message was received from the Governor by his-
Privatc Secretary, John M. Commons :
Mr. Speaker:
By direction of the Governor I have the honor to transmit here-
with a communication accompanied by the annual report of the
Treasurer of State.
JOHN M. COMMONS,
Private Secretary.
HoiSr. W. K. Edwards :
Speaker of the House of Represe7itatwes:
Sir : I have the honor to transmit herewith tlie report of Hon.
James B. Ryan, Treasurer of State, for the fiscal year ending Oct.
31st, 1872, and to respectfully suggest that the usual number of
copies thereof be directed to be printed without delay.
CONRAD BAKER,
Governor.
The following message was received from the Governor by his
Private Secretary, John M. Commons, in relation to the Wabash and
Erie CanaL
Mr. Speaker:
By direction of the Governor, I have the honor to transmit
herewith a communication, accompanied by certain documents, giv-
ing information in regard to the unsurrendered internal improve-
ment bonds of the State.
JOHN M. COMMONS,
Private Secretary.
/
235
Gentlemen of the House of Representatives :
I have the bono to acknowledge the receipt of a co])y of a pre-
amble and three separate resolutions, passed by the House on the
19tli ultimo, in relation to the Indiama bonds or stocks held by John
W. Garrett, Esq., and other kindred matters.
I was not in possession of all the information requested by the
resolutions, and an effort to procure it has caused the delay in my
response.
The first of the three resolutions above mentioned, requests me to
inform the House :
First. Under what authority of the State of Indiana the bonds
held by Garrett were issued ?
Second. The date of the act under which they were issued?
Third. The amount of principal, interest and costs the State
Treasury will have to furnisli if the bonds are paid according to my
recommendation ?
In response to the first and second of these inquiries, I beg leave
to say that according to the proofs taken in the case now pending in
the Cass Circuit Court, wliereln said Garrett is plaintiff, and the
Trustees of the Wabash and Erie Canal, and others, are defendants^
the said Garrett holds thirty one dollar bonds of $1,000 each, and
ten sterling bonds for £225 sterling each. They were issued by and
under the authority of the General Assembly of this State contained
in the act hereinafter referred to. The thirty one dollar bonds were
issued under the act approved January 27, 1<S36, entitled '' An act
t(^ provide for a General System of Internal Improvements." (See
Revised Statutes of 1836, page 341, section 8.
Nine of the ten sterling bonds held by Garrett w'ere issued under
the same act. The one other sterling bond held by said Garrett
was issued under the act of February 12, 1839, and I apprehend is
not alien upon the canal, or any of the public works formerly owned
by the State.
As to the amount of principal and interest that the treasury would
be required to furnish to pay these forty-one bonds, if the General
Assembly shall direct their payment, I am not prepared to give
exact information, as it involves questions of interest and exchange^
236
requiring long and tedious calculations, whicli I have not time to
make. These questions have been referred to a Special Master, with
directions to report thereon to the Court by the 27th instant. The
amount, however, due to Garrett, will not vary largely from
$160,000, including principal, interest and exchange. As to the
costs, I have no means of forming even an approximate estimate.
For the information of the House, I herewith respectfully trans-
mit a copy of one of the dollar bonds, and also one of the sterling
bonds held by Garrett, with a copy of one of the unpaid coupons
thereto attached, and marked respectively "A" and " B."
No interest has been paid on any of these bonds since January 1,
1841. The above estimate of $160,000 only includes the bonds held
by Garrett, and does not include those held by others who may be-
come parties to the suit.
The second of said resolutions to which this is a response, requests
me to inform the House under what authority of the State of Indi-
ana the bonds held by William H. Bi^.n's and others, whose payment
was sought to be enforced by suit in the Circuit Court of the United
States some ten years since, were issued, the date of the act authori-
zing their issue, the amountof the said bonds with interest and costs,
and what was the final issue of said legal proceeding subsequent to
the decision of the United Slates Supreme Court, reported in 2 Black's
Supreme Court Reports, and whether said bonds are paid, and if so
who paid them, and what amount the Trustee's of the Wabash and
Erie Canal were compelled to disburse out of the trust funds in
consequence of said litigation.
In response to this resolution, T beg leave to say that, the case of
Beers vs. The Trustees of the Wabash and Erie Canal, reported in
2 Black, page 448, and referred to in the resolution, itself shows that
Beers held two bonds of ^1,000 each, which were the foundation of
this suit, and that they were issued under the act of the General
Assembly of Indiana of the 7th of January, 1832. Said bonds, as
already stated, were for the sum of $1,000 each, but I have no means
of information, except the communication of Hon. Thomas Dowling,
hereinafter referred to, as to the amount of interest that accrued or
was paid on said bonds, or as to the costs that accrued or were paid in
the suit. I am informed that the Circuit Court of the United
States, after the case was sent back irom the Supreme Court, made a
decree in conformity with the opinion of the Supreme Court enforcing
the payment of the bunds, and that they were ]iaid, together with the
interest and costs bv the Trustees of the Wabash and Eric Canal.
237
All the information I have in these matter!^ T derive from a letter
written, at my request, to me by Hon. Thomas Dowliug, resident
Trustee of the Wabash and Erie Canal, a copy of which I herewith
respectfully submit, marked " C," and I have no doubt of the
con^ectness of the statements therein made.
The third resolution requests me to give ray opinion " whether, if
the State, out of abundant precaution, with accustomed generosity,
ex gratia, makes provision for tlie payment of the Garrett bonds, as
recommended," etc, " the State will ever in the future be threatened
or harrassed on account of unsurrendered internal improvement
bonds by any other person or persons, or by any corporation, trust
or other source whatever, and whether such payment by the State
can be construed into a breach of plighted faith on the part of the
State by reason of the latter proviso of section 8 of an act approved
January 27, 1847, being an act supplemental to an act commonly
called the Butler Bill."
In response to the first part of this resolution, I beg leave to say
that 1 do not consider the redemption of the bonds held by Mr.
Garrett, or the redemption of other similar bonds held by others^
still outstanding, to be at all a matter of generosity or mere favor to
the bondholders. If I did so consider it, I should never recommend
their payment. In my judgment, it is a matter of duty and not a
matter of favor on the part of the State to pay these bonds, because
they were issued by her authority and she pledged her faith for
their payment, and because she is abundantly able to pay them.
I think it is j)erfectly clear, from all the evidenee that can be
attained, that the whole number of old bonds still outstanding,,
issued prior to the year 1841, does not exceed one hundred and
ninety-one (191), a majority of these being dollar bonds of ^1,000
eacii, and tlie rest being sterling bonds of two hundred and twenty-
five pounds sterling each, one of the latter being equivalent in value
to one of the former.
1 sup})0se that the payment of the forty-one bonds held by Mr.
Garrett will imply the duty on the part of the State of paying the
remaining one hundred and fifty by whomsoever held, and I have on
several occasions recommended, and now recommend, the payment
of all of them. If this shall be done, T can not imagine liow, or by
whom the State could be threatened or harrassed on account of
unsurrendered Internal Improvement bonds from any quarter
whatever, for the simple reason that there will then be no otiier old
bonds of the State upon which to predicate threats or annoyance.
338
I might say that the evideace taken iu the case pending in Cass
county has accounted for one iuindred and fifty-four of the one
hundred and ninety-one old bonds sLiU supposed to be outstanding,
by showing where and by whom they are held, leaving thirty-seven
thereof still unaccounted for. I believe that some of these thirty-
seven bonds will never be presented or accounted for, as it would
be wonderful if some of them, after the lapse ot so long a time,
had not been lost or destroyed, especially when it is considered that
no interest has been paid on them since 1841, and in consequence
thereof the holders would be likely to esteem them of little value.
As to the question whether the payment by the State of these old
bonds can be construed into a breach of plighted faith on her part,
by reason of the latter proviso of Section 8, of the Act approved
January 27, 1847, I beg leave to submit it as my opinion that
no such conclusion can be justly drawn from the payment if it shall
be made.
The proviso to which the resolution refers reads as follows, viz:
"Provided farther, That the State v»dll make no provision
whatever hereafter to pay either principal or interest on any Internal
Improvement bond or bonds until the holder or holders thereof shall
have first surrended said bonds to the Agent of State, and shall
have received in lieu thereof certificates of stock as provided in the
first section of this act."
Ill my judgment, this provision is void in morals and in law,
because it stipulates that the State will not perform its obligations
to its creditors until they shall accede to material conditions not
contained in the original contract. Such a stipulation between a
natural person who was indebted, with one or more of his creditors,
that he would never j)ay the rest of his creditors nnless they acceded
to new conditio! s not contained in the original contracts, would be
null and void, and the courts, instead of compelling the debtor to
perform such stipulation M'ould compel him to break it by paying his
debts to the extent of his ability. Sovereignties who can not be sued
ought to do voluntarily the same things which individuals, under
like circumstances, would be compelled by the courts to do.
Besides, these bonds were contracts of the State, protected by that
clause of the constitution of the United States which prohibits
States from passing laws impairing the obligation of contracts.
The Supreme Court, in the case in 2 Black, before alluded to,
expressly hold that the Legislature of Indiana could not, by the
339
act of 1847, impair the obligation of her contracts previously
made.
It is worthy of note that the holders of the Canal Stocks charged
exclusively upon the AVabash and Erie Canal, have, within the last
two weeks, presented to both Houses of this General Assembly their
printed protest against the payment of these old bonds. Kow, if
their payments would, as is assumed by some, create an obligation on
the part ot the State to pay the canal debt, is it possible that the
holders of this debt would protest against the doing of the very
thing which would secure to them the payment of their debt, or at
least create on the part of the State an obligation to pay it? The
very fact that they thus protest is conclusive (o my mind that the
Garrett suit was commenced and prosecuted in the interests of the
holders of the Canal Stocks, and that they desired that Garrett's lien
should be enforced by a decree of sale or sequestration, and the trust
thereby destroyed so that they might make this destruction the basis
of a claim against the State for the payment of the Canal debt.
Respectfully submitted,
CONRAD BAKER,
Governor.
EXHIBIT A.
TlxiTBD States of America,
State of Indiana.
IX>0(\ No. 216.
internal improvement loan.
Five Per Cent. Stock.
Under the act of the General Assembly of the State of Indiana,
entitled '' An act to provide for a general system of internal improve-
ment in Indiana," approved January 27, 1836, and an act providing
for the further construction of the Madison and Lafayette Railroad,
approved February 6, 1839.
Knoto all men by these presents: That there is due from the State
of Indiana to the Morris Canal and Banking Company, or bearer,
the sum of One Thousand Dollars, bearing an interest of five per
240
centum per annum from the date hereof, the first of which interest
is payable the first day of January next, and thereafter semi-
annually, on the first days of July and January, at the banking
house of the Morris Canal and Banking Company, at Jersey City,
or at their agency office in the city of New York, on presentation
and delivery of the dividend warrants severally subjoined, until
payment of the principal sum, which principal sum being stock
created in pursuance of the act of the General Assembly aforesaid,
is payable in twenty-five years from the date hereof, and for the
payment of the interest and the redemption of the principal afore-
said, at either of the places aforesaid, the faith of the State of
Indiana is irrevocably pledged.
Witness our hands at Indianapolis, this first day of July, 1839.
MILTON STAPP,
LUCIUS H. SCOTT,
Commissioners.
Internal Improvement Loan under the act of January 27, 1836,
Morris Canal and Banking Company, at Jersey City, or in the city
of New York, pay to the bearer Twenty-five Dollars, being half a
year's interest on bond No. 216, due July 1, 18-11.
M. STAPP.
* EXHIBIT B.
United States of America,
State of Indiana.
£225 Si'g. No. 2538.
INTERNAL IMPROVEMENT LOAN.
Five Per Cent. Stock.
Under the act of the General Assembly of the State of Indiana,
entitled ''An act to provide for a general system of internal im-
provements in Indiana," approved January 27, 1836.
Know all men by these presents, that there is due from the State
of Indiana to or bearer, the sum of Two Hundred and
Twenty-five Pounds Sterling, bearing an interest of five per centum.
241
per annum from the first day of July last, the first of which interest
is payable the first day of January next, and thereafter, semi-an-
ually, on the first days of July and January, at the banking house
of N. M, Rothschild & Sons, in London, on presentation of the
dividend warrants severally subjoined, until payment of the princi-
pal sum, being stock created in pursuance of the act of the General
Assembly aforesaid ; is payable in twenty-five years from the first
of July last, and for the payment of the Interest and the redemp-
tion of the principal aforesaid, at the banking house of N, M.
Rothschild & Sons, in London, the faith of the State of Indiana is
irrevocably pledged.
Witness our hand at Indianapolis, this 1st day of May, 1840.
MILTOX STAPP,
Commissioner.
N. B. PALMER,
Treasurer of State.
Indiana Internal Improvement Loan, under the act of January
27, 1836.
N. M. Rothschild & Sons, London, pay to the bearer £5 12s. 6d.
sterling, being a half-year's interest on bond No. 2538, due July 1,
1841.
M. STAPP,
Commissioner.
EXHIBIT C.
Terre Haute, Xov. 25, 1872.
My dear Governor: — At your i'equest,-I have examined our
record in regard to the redemption, by order of Court, of four
Original Wabash and Erie Canal Bonds, of the issue of August,
1832. These bonds were sold to parties in New York, by William
C Linton, Nicholas McCarty and Jeremiah Sullivan, Commissioners,
the General Assembly of Indiana, in January 1832, having author-
ized a loan of 8200,000, for the purpose of commenGing the construc-
tion of the Canal aforesaid. This was the first loan made by the
State for Internal Improvement purposes. Bonds 69 and 70 were
H. J.— 16
242
held by Joseph D. Beers, and 53 and 54 by Israel Cohen. These
bonds were redeemed in New York, at the office of Charles Butler,
one of the Trustees of the Canal, and report made to the office at
Terre Haute of such payment. The amount paid to the estate of
J. D. Beers, for Bonds 69 and 70, principal and interest, was
$7,225.46, and to Israel Cohen ^5,026.55. But this was only a par-
tial settlement as to Cohen's bonds. That gentleman subsequently
procured an order of the Court ordering the payment of interest on
the cupons from the date of their maturity. This additional sum
was added to the redemption ol' bonds Nos. 53 and 54, equal to the
sum paid to the estate of Beers. As the bonds v>^ere of the same
date, with like number of coupons attached, the redemption of these
four bonds cost the Bourd of Trustees the gross sum of $14,450.92.
The Board also expended considerable sums of money in defend-
ing the validity of the Acts of 1846-'47. They not only were com-
pelled to pay attorneys of their own selection, but the Courts, in
their wisdom, decreed that adverse counsel should also be paid out
of the Trust funds. They were so paid in obediece to such decrees.
In the case of Beers and Cohen, John Ferguson and others, and
J. M. Garrett, the Trustees have endeavored to defend the legisla-
tion of the State from adverse interference, thus incurring expenses
which you justly recommend to the attention of the General
Assembly. This account will be made up whenever called for by
the Governor.
Very truly, your obedient servant,
THOS. BOWLING,
Res. Trustee of W. and E. Canal.
His Excellency, Conrad Baker,
Indianapolis, Ind.
Mr. Gifford, from a select committee to whom was referred House
Bill No. 83, submitted the following report:
Mr. Speaker:
The select committee to wdiom was referred House Bill No. 83,
have had the same under consideration, and in consultation with a
<Eommittee of local Q,perators, agreed to amend section 1 and section
243
11 of said bill, as herewith, and with said amendment would recom-
mend its passage.
On motion,
The bill and amendments reported by the select committee, was
referred to the committee on the judiciary.
Mr. AVilson, of Ripley, from the committee on insurance, submit-
ted the following report :
Me. Speaker:
Your committee on insurance, to whom was referred House Bill
No. 36, entitled, "An act to amend sections 1, 6 and 16 of an act,
entitled, 'an act to incorporate the Franklin Insurance Company,' "
approved February 13, 1851, have had the same under consider-
ation, and request me to report the same back to the House, with
the following amendment, viz:
Strike out the third section, and when so amended, they recom-
mend the same do pass.
Which report was concurred in, the amendment adopted, the bill
read a second time and ordered to be engrossed.
Mr. Gregory offered the following resolution :
Resolved, That the Attorney General of the State of Indiana be
requested to give and submit to this House his written opinion upon
the following propositions, to wit :
First. What additional liability, cither moral, legal or equitable,
if any, would the State of Indiana incur as to other outstanding
internal improvement bonds by making an appropriation and pay-
ing the judgment of John W. Garrett, recently recovered in Cass
County Circuit Court against the Trustees of the Wabash and Erie
Canal ?
Second. In what position, as to the payment of the bonds included
in the Butler bill, would this State be placed if she permitted the
Wabash and Erie Canal and other internal improvements upon
which the Gai-rett judgment is a lien, to be sold to satisfy the judg-
ment of John W. Garrett, recently recovered in the Cass County
Circuit Court against the Trustees of the Wabash and Erie Canal?
244
Mr. Kimball moved to lav the resolution on the table.
Which motion did not prevail.
The question being-, shall the resolution be adopted ?
Messrs, Gregory and Given demanded the ayes and noes
Those who toted in the affirmative were, 3Iess7's.
Baker,
Blocher,
Branham,
Buskirk,
Butts,
Cauthorn,
Clay pool,
Cline,
Coffman,
Durham,
Eaton,
Edwards, of
Ellsworth,
Givan,
Goble,
Goudie,
Gregory,
Hatch,
Heller,
Henderson,
Hedrick,
Hoyer,
Isenhower,
Jones,
Martin,
Miller,
McKinney,
Lawrence,McConnell,
Offiitt,
Peed,
Pfrimmer,
Kudder,
Reno,
Eiggs,
SatterwhitCy
Sell muck,
Shirley,
Smith,
Spellman,
Strange,
Teeter,
TuUey,
Walker,
Willard,
AVessner,
AVynn,
Mr. Speaker — 47.
Tliose ivho voted in the negative ivere, Messrs.
Anderson,
Baxter,
Billingsley,
Butte rworth,
Broaddus,
Clark,
Cobb,
Cole,
Cowgill,
Crunipacker,
Furnas,
Gifford,
Gronendyke,
Hollingsworth,
Johnson,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Mellett,
North,
Odle,
Ogden,
Reeves,
Richardson,
Rumsey,
Scott,
Tingley,
Wilson, of Blackford,
Wolflin,
Woollen,
Wood,
W^oodard — 33.
So the resolution Avas adopted.
Mr. Shirley was granted leave of absence until Thursday next.
■ ^ 245
Mr. Wesner introduced
House Bill No. 156. An act to amend sections 4, 9, 10, 11 and
12 of an act, entitled, ''An act to regulate and license the sale of
spirituons, vinous, malt and other intoxicating liquors, to prohibit
the adulteration of liquors, to repeal all former laws contravening
the provisions of this act, and prescribing penalties for violation
thereof.
Which was read a first time, and referred to the committee on
rights and privileges.
Mr. Richardson introduced
House Bill No. 157. An act authorizing the funding of taxes
collected in certain counties in the State of Indiana, for the years
1869 and 1870, upon erroneous and void assessments upon real
estate, made by the district boards of equalization, and the State
Board of Equalization, in the year 1869.
Which was read a first time, and referred to the committee on the
judiciary.
Mr. Offutt introduced
House Bill No. 158. An act declaring all railroad companies
common carriers, to regulate the passenger fares, and tariff of
freights thereon, requiring them to receive and discharge passengers
and freights at all stations, to measure and pay for cord M'ood in
certain cases, and providing jurisdiction and penalties for the
enforcement of the provisions of this act, and declaring an emer-
gency.
Which was read a first time, and referred to the committee on the
judiciary.
The following message was received from the Governor, by his
Private Secretary, John M. Commons :
Hon. W. K. Edwaeds,
' Speaher of the House of Representatives :
I herewith res])ectfully transmit througli you to the House the
annual repoi-t of the Trustees and Supei-intendent of the Institution
246
for the Education of the Deaf and Dumb, and respectfully suggest
the passage of a concurrent resolution authorizing the printing of five
thousand copies of the report — three thousand thereof for the use of
members of the General Assembly, and two thousand thereof for the
use of the Superintendent of said Institution, as provided for by
sections 19 of the act to provide for the government and support of
the institution, approved June 11th, 1852. Section 1, Gaven and
Hord, page 289.
On motion of Mr. Branham,
The regular order of business was taken up.
The message of the Governor in relation to the institution for the
education of the deaf and dunab, accompanied by the annual report
of the Trustees and Superintendent was taken up and referred to the
committee on benevolent institutions.
The Governor's message in relation to the Wabash and Erie canal
bonds, was taken up, and
On motion of Mr. Branham,
Was laid upon the table, and one thousand copies ordered to be
printed tor the use of the members of the House.
The Governor's message, submitting the report of the State Treas-
urer was taken up, and
On motion of Mr. Branham,
Was laid upon the table, and the number of copies allowed by
law, ordered to be printed for the use of the members of the House,
Senate Bill !No. 8, was taken up.
An act to provide for the holding of courts in the Twenty-fifth
Common Pleas District of Indiana, and declaring an emergency.
Which was read a first time and passed to second reading on to-
morrow.
On motion of Mr. Miller,
The regular order of business was suspended, and House Bill No,
247
129 was taken from the Speaker's table and referred to the com-
mitte on ways and means.
House Bill No. 92 was taken up, read a third time, and put upon
its passage.
The quesLiou being, shall the bill pass ?
Those who voted in. the afirmative were, Messi'S.
Anderson,
Gronendyke,
■Riggs,
Baker,
Hardesty,
Richardson,
Baxter,
Hatch,
Ramsey,
Billlngsley,
Heller,
Sat ter white.
Blocher,
Henderson,
Schmuck,
Buskirk,
Hedrick,
Scott,
Butts,
Hollingsworth,
Smith,
Butterworth,
Hoyer,
Spell man.
Broaddus,
Isenhower,
Stanley,
Clark,
Johnson,
Shutt,
Claypool,
Jones,
Strange,
Cline,
Kimball,
Teeter,
Cofiman,
King.
Tingley,
Cobb,
Kirkpatrick,
ThompsoD, of Elkhart,
Cole,
Lenfesty,
Troutman,
Crumpacker,
Lent,
Tulley,
Durham,
Martin,
Walker,
Eaton,
Miller,
Willson, of Ripley,
Edwards, of Lawrence,McKinnev,
Wilson, of Blackford,
Ellsworth,
McConnell,
Willard,
Eward,
North,
Wesner,
Furnas,
Odel,
Wolflin,
GiflPord,
Offutt,
Woollen,
Givan,
Prentiss,
Wood,
Glasgow,
Pfrimmer,
Woodard,
Goble,
Rudder,
Wynn, '
Goudie,
Reeves,
Mr. Speaker — 82.
Gregory,
No one voting in
the negative.
•
So the bill passed,
248
The question being, shall the title as read stand as the title of the
bill ■?
It was so ordered.
House Bill No. 30 was taken up, read a third, and put upon its
passage.
The question being, sliall the bill pass?
Those who voted in the afftrmaiive v:ere, 3Iessrs.
Clark,
Hollinsworth,
Scott,
Cobb,
Johnson,
Strange,
Cofiman,
King,
Troutman,
Eward,
Miller,
Tulley,
Glasgow,
Odle,
Wesner,
Goudie,
Offutt,
Willard,
Gregory,
Ogden,
AVillson, of Ripley,
Henderson,
Satterwhite,
Wood— 27.
Tliose
w;Ao voted in the negative
were, 2fessrs.
Anderson,
Gifford,
Peed,
Baker,
Givan,
Pfrimmer,
Baxter,
Goble
Prentiss,
Billingsley,
Gronendyke,
Reno,
Blocher,
Hardesty,
Richardson,
Brett,
Hatch,
Riggs,
Broaddus,
Hedrick,
Rudder,
Buskirk,
Heller,
Rumsey,
Butterworth,
Hoyer,
Schmuck,
Butts,
Isenhower,
Shutt,
Cauthoru,
Jones,
Spellman,
Claypool,
Kimball,
Stanley,
Cline,
Kirkpatrickj
Teter,
Cole,
Lenfesty,
Tingley,
Crumpacker,
Lent,
Thompson, of Elkhart,
Durham,
Martin,
Wilson, of Blackford,
Eaton,
McConnell,
Woodard,
Edwards, of Lawrence,McKiuuey,
Wolflin,
Ellsworth,
North,
Mr. Speaker — 57.
So the bill did not pass.
249
House Bill No. 71 was taken up, read a tliird time and put upon
its passage.
The question being, shall the bill pass ?
Those who voted in the affirmative 'were, Messrs.
Anderson,
Gronendyke,
Riggs,
Baker,
Hardesty,
Rumsey,
Baxter,
Hatch
Satterwhite,
Billingsley,
Hedrick,
Scott,
Blocher,
Henderson,
Shutt,
Branham,
Hollinsworth,
Spell man,
Buskirk,
Isenhower,
Stanley,
Butterworth,
Jones,
Strange,
Butts,
Kimball,
Teeter,
Clark,
King,
Tingley,
Cobb,
Kirkpatriek,
Thompson, of Elkhart,
CoiFman,
Lenfesty,
Troutman,
Cole,
Lent,
Tulley,
Cruni packer.
McConnell,
Walker,
Durham,
McKiuney,
Wesner,
Eaton,
Mellett,
Wilson, of Blackford,
Edwards, of Law:
rence,x»J^orth,
Willson, of Ripley,
Ellsworth,
Odle,
Wood,
Furnas,
Offut,
Woodard,
Gifiord,
Ogden
Wolflin,
Glasgow,
Prentiss,
Woollen,
Goudie,
Eeeves,
Wynn,
Gregory,
Richardson,
Mr. Speaker— 69.
Tliose who voted in the negative loere, Messrs.
Brett,
Heller,
Pfrimmer,
Broaddus,
Hoyer,
Reno,
Cauthorn,
Martin,
Rudder,
Clay pool,
Miller,
Schmuck,
Eward,
Peed,
Smith— 16.
Givan,
So the bill passed.
250
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
House Bill No. 137 was taken up, read a second time, and ordered
to be engrossed.
Mr. Brett presented the claim of William Williams for rent of
rooms for use of the committee on fees and salaries of the last session
of the General Assembly.
Which, on motion, was referred to the committee on ways and
means.
Mr. Given presented the claim of Isaac Ruly, for the sum of
$24.48.
Which was referred to the committee on ways and means.
Mr. Hatch presentad a petition from sundry citizens of Newton
county^ in relation to the repeal of the draining laws.
Which was referred to the committee on the judiciary. *
A claim in favor of Julius Boetticher, for $465,92, was presented,
and
Referred to the committee on claims.
On motion of Mr, Offutt,
The House adjourned until 2 o'clock P. M.
AFTERNOON SESSION, 2 O CLOCK.
The House met, pursuant to adjournment, with the Speaker in the
chair.
The special order being, the consideration of House Bill No. 73,
the same was taken from the Speaker's table, and
251
On motion of Mr. Butterworth,
It was referred to the committee on ways and means.
Mr. Walker introduced
House Bill No. 159. An act to regulate the practice of dentistry
in the State of Indiana.
Which was read a first time and referred to the committee on
judiciary.
Mr. Ogden introduced
House Bill No. 160. An act providing for the permanent improve-
ment, and repair of the State, county and township roads, and to
repeal all laws in conflict therewith.
Which was read a first time, and referred to the committee on
county and township business.
Mr. Cauthorn introduced
House Bill No. 161. An act to abolish courts of Common Pleas
in this State, and to provide a probate court in each county therein ;
providing for the appointment, election, and compensation of the
judges thereof, defining the powers, duties, and jurisdiction of said
courts, and transferring all unfinished business pending in the courts
of Common Pleas to the Circuit or probate court.
Which was read a first time, and referred to the committee on the
judiciary.
Mr. Broadus, chairman of the committee on engrossed bills, sub-
stituted the following report :
Mk. Speaker :
I am directed to report that the committee on engrossed bills
have examined Engrossed House Bills No. 101, 104 and 118, and
find the same in all respects properly engrossed.
Mr. Cauthorn introduced
House Bill No. 162. An act to authorize cities to correct the
252
erroneous listing description and assessment of real estate liable to
city taxes, and when corrected to collect all taxes due thereon, and
to list, assess and collect taxes on any property liable to city taxes of
person or persons who have furnished the assessor with false or
deceptive statement of his or their property or the value thereof.
Which was read a first time.
Mr. Cauthorn moved to suspend the rules and have the bill read
a second time.
Which motion prevailed.
The question being, shall the Constitutional rule be suspended ?
Those who voted in the affirmative xvere, Messrs.
Anderson,
Baker,
,Bi'fiiiham,
Brett,
Broaddus,
Buskirk,
Butterworth,
Butts,
Cauthorn,
Clark,
Cline,
Cobb,
Coif man,
Cowgill,
Crumpacker,
Durham,
Eaton,
Edwards, of Law
Gilford,
Givan,
Goble,
Goudie,
Gronendyke,
Hatch,
Hedrick,
Heller,
Hollingsworth,
Hoyer,
Isenhower,
Johnson,
Jones,
Kimball,
King,
Kirkpatrick,
Lenfesty,
- Lent,
Martin,
McConnell,
McKinney,
Mellett,
Miller,
North,
Odle,
rence,Olfutt,
Ogden,
Peed,
Pfrimmer,
Prentiss,
■ Peeves,
Reno,
Pichardson,
Riggs,
Rudder,
Rumsey,
Satterwhite,
Schmuck,
Scott,
Shutt,
Smith,
Spellmau,
Stanley,
Strange,
Teter,
Tingley,
Thompson, of Elkhart,
Troutman,
Tulley,
Walker,
Wesner,
Willard,
Willson, of Ripley,
Wood,
Woodard,
Wolflin,
Woollen,
Wynn,
Mr. Speaker — 78.
253
No one voting in the negative,
So the Constitutional rule was suspended.
So the bill was read a second time by its title.
Mr. Cauthorn moved, that the rules be suspended, the bill be con-
sidered as engrossed, read a third time and put upon its passage.
Which motion prevailed.
So the bill was read the third time.
The question being, shall the bill pass ?
Those ivho voted in the affirmative were, Ilessrs,
Anderson,
Baker,
Bran ham,
Broad dus,
Buskirk,
Butterworth,
Butts,
Cauthorn,
Clark,
Claypool,
Cline,
Cobb,
Coffman,
Cole,
Cowgill,
Crum packer,
Durham,
Eaton,
Gifford,
Givan,
Glasgow,
Goble,
Goudie,
Gronendyke,
Hatch,
Hedrick,
Heller,
Holliugsworth,
Hoyer,
Isenhower,
Johnson,
Jones,
Kimball,
King, .
Kirkpatrick,
Lenfesty,
Martin,
McConnell,
McKinney,
Mellett,
Miller,
North,
Odle,
Oflfutt,
Ogden,
Peed,
Prentiss,
Reeves,
Reno,
Eichardson,
Ptiggs,
Pudder,
Pumsey,
Satterwhite,
Schmuck,
Scott,
Shutt,
Smith,
Spell man,
Stanley,
Strange,
Teter,
Tiugley,
Thompson, of Elkhart j
Troutman,
TuUey,
Walker,
Wesuer,
WiUard,
Wilson, of Blackford^
Willson, of Ripley,
Wood,
Woodard,
Wolflin,
Woollen,
Wynn,
Mr. Speaker— 77,
254
Those who voted in the negative were, Messrs.
Brett, Pfrimmer— 2.
So the bill passed.
The question being, shall the title as read, stand as the title of the
bill?
It was so ordered.
House Bill No. 101 was read a third time, and put upon its
passage.
Those who voted in the affl,rm,ative
were, Messrs.
Anderson,
Jones,
Shutt,
Broaddus,
Kirkpatrick,
Stanley,
Butts,
Martin,
Strange,
Clark,
Miller,
Teeter,
Ooffman,
North,
Tingley,
Durham,
Odle,
Thompson, of Elkhart,
Eaton,
Ogden,
Troutman,
Gifford,
Peed,
Walker,
Givan,
Reeves,
Wilson, of Blackford,
Glasgow,
Richardson,
Willson, of Ripley,
Gronendyke,
Riggs,
Wood,
Hedrick,
Satter white,
Wolflin,
Hollingsworth,
Schmuck,
Woollen— 40.
Hoyer,
Those who voted, in the negative
were, Messrs.
Baker,
Goudie,
Prentiss,
Blocher,
Hatch,
Reno,
Branham,
Heller,
Rudder,
Brett,
Isenhower,
Scott,
Buskirk,
Johnson,
Spellman,
Cauthorn,
Kimball,
Tulley,
Claypool,
King,
Wesner,
Cline,
Lenfesty,
Willurd,
Cobb,
McConnell,
Woodard,
Crumpaeker,
INIcKinney,
Wynu,
Edwards, of Lawr(
Dnce,OfFutt,
Mr. Speaker — 35.
Goble, Pfrimmer,
255
So the bill did not pass.
Mr. Broaddus, chairman of the committee on engrossed bills, sub-
mitted the following report :
Mr. Speaker :
The committee on engrossed bills, to whom was referred Engross-
ed House Bills No. 70 and 114, have examined the engrossed copies
thereof with the originals, and find them in all things correctly en-
grossed.
House Bill No. 104 was taken up, read a third time and put upon
its passage.
The question being, shall the bill pass?
Those who voted in the affirmative ivere 3'lessrs.
Clay pool.
Riggs,
"Willson, of Eipley,
Cowgill,
Walker,
Wood,
Offutt,
Willard,
Woodard— 10.
Pfrimmer,
Those who
voted in the negative
v:ere, Messrs.
Anderson,
Gifford,
Martin,
Blocher,
Givan,
McKinney,
Branham,
Glassgow,
McConnell,
Broaddus,
Goble,
Mellett,
Buskix-k,
Goudie,
Miller,
Butter worth,
Gronendyke,
North,
i Butts,
Hatch,
Odle,
^' -Cauthorn,
Hedrick,
Ogden,
Clark,
Heller,
Peed,
Cline,
Hollingsworth,
Prentiss,
Cobb,
Isenhower,
Reeves,
Coifman,
Johnson,
Reno,
: Cole,
Jones,
Richardson,
-Crumpacker,
Kimball,
Rudder,
Durham,
King,
Riimsey,
; Eaton,
Kirkpatrick,
kSatterwhite,
Edwards, of Lawrence,Lenfesty,
i
Schmuck,
256
Scott, . Teeter, Wilson, of Blackford.
Shutt, Tingley, Wolflin,
Smith, Tliompson, of Elkhart,Woollen, '
Spellman, Troutman, Wynn,
Stanley, Tulley, Mr. Speaker— 68.
Strange, AYesner,
So the bill did not pass.
Mr. Kimball offered the following resolution :
Wheeeas, By the 12th paragraph of the second section of the act
prescribing tlie powers and duties of the Auditor of State, it is made
the duty of that officer to suggest plans for the improvement and
management of the public revenue ; therefore
Resolved, That said Auditor be requested to submit to this House
at his earliest convenience, any plans or suggestions relating to the
public revenue that he may deem for the public interest.
Which was adopted.
Mr. Wynn offered the following resolution :
Resolved, That the Secretary of State be, and he is hereby re-
quested to furnish members of this House with a price list setting
forth the prices at which all articles of stationery has and will be
furnished by him to the members of this body.
Which was adopted.
Mr. Woodard offered the following resolution :
Resolved, That a committee of five be appointed by the Speaker j,
whose duty it shall be to inquire what further legislation, if any, is
necessary to protect the people of this State from oppressive taxation
by counties, townships, cities and towns, with power to report at any
time, by bill or otherwise.
Which resolution was adopted, and the Speaker appointed the first
five members of the committee on ways and means as such com-
mittee.
257
Mr. Mellett presented a protest signed by sundry citizens of Dela-
ware County, against adopting the Indiana Medical College as a
part of the University of the State.
Which was referred to the committee pn education.
Mr. Woodard presented two petitions from sundry citizens of the
State of Indiana in relation to the subject of temperance.
Which were referred to the committee on temperance.
On motion of Mr. Branham,
The House adjourned until to-morrow morning at 9 o'clock.
H. J.— 17
258
WEDNESDAY MORNING.
December 4, 1872, 9 o'clock.
The House iBet pursuant to adjournment, with the Speaker in the
chair,
Praper was offered by the Rev. Henry Day, of the First Baptist
Church, of Indianapolis.
The Journal of yesterday was read in part, when,
On motion,
The further reading of the same was dispensed with.
Mr. Kimball, chairman of the committee on ways and means,
asked that certain claims referred to that committee, be returned to
the House, and referred to the committee on claims.
Which was agreed to.
Mr. Ogden, from the committee on the judiciary, submitted the
following report:
Me. Speaker:
The committee on the judiciary, to whom was referred House Bill
No. 147, entitled, '"An act regulating the rate of interest upon thel
loan or forbearance of money or things, in action, repealing all acts
and parts of acts controvening the provisions of this act, and declar-
ing an emergency for the same," have had the same under consider-
ation, and have directed me to report the same back to the House,
with the recommendation that it be indefinitely postponed.
Which was concurred in.
259
ISIr. AVilson, of Ripley, from the committeee on the juclich^ry^
made the following report :
Mr. Speaker:
Your committee on the judiciary, to whom was referred House
Bill No. 139, entitled, ''An act relating to expenses incurred by one
county, by change of venue from another county," have had the
same under consideration, and request me to report the same back to
the House, with the following amendment, viz :
Strike out all that part of section 1 after the word '"'and," in line
26, and insert the following:
Such court shall certify such allowance to the auditor of the
county from which the change of venue was first taken, and such
auditor shall issue his warrant on the treasurer of the county, for
the amount so allowed and certified; Provided , Thsit this act shall
not apply to causes disposed of prior to its passage.
Also, strike out section 2, and insert the following :
Section 2. Au emergency exists for the immediate taking effect
of this act, therefore, the same shall take efiect, and be in force from
and after its passage.
And when so amended, your committee recommend its passage.
Which report was concurred in, amendment adopted, the bill read
a second time, and ordered to be engrossed.
Mr. Miller from the committee on the judiciary, submitted the
following report :
Mr. Speaker:
Your committee on the judiciary, to whom was referred House Bill
No. 115, entitled, ''An act to repeal an act to regulate the sale of
patent rights,an(i to prevent frauds in connection therewith," which
took effect Api-il 23, 1869, have had the same under consideration,
and direct me lo report it back, with a recommendation that it pass.
Which report was concurred in, the bill read a second time, and
ordered engrossed.
260
Mr. Biiskirk, from the committee on the judiciary, submitted the
following report:
Mr, Speaker:
The committee on the judiciary, to whom was referred House Bill
No. 186, entitled, "An act to amend section 654 of an act, entitled,
*an act to revise, simplify and abridge the rules, practice, pleadings
and forms in civil cases, in the courts of this State, etc.," would
respectfully report that the said committee have carefully considered
the said bill, and recommend to the House that it be indefinitely
postponed.
Which,
On motion of Mr. Lenfesty,
Was recommitted to the judiciary, for correction
The following message was received from the Senate, by the Secre-
tary thereof:
Me. Speaker :
I am directed by the Senate to inform the House that the Senate!
has passed the following engrossed bill of the Senate, to wit :
Engrossed Senate Bill No. 65. Entitled an act granting the con-
sent of the State of Indiana to the ])urchase by the United States of i
certain lands for the purpose of the erection of a public building at
Indianapolis, and ceding jurisdiction over the same. And the same
is herewith transmitted to the House.
Mr. Johnson, from the committee on the judiciary, submitted the.
following report : .- I
Mr. Speaker :
Your committee on the judiciary, to whom was referred House
Bill No. 133, entitled an act to repeal sections fifty-three and ninety-
eight, and amend section ninety-seven of an act entitled " An act tof
revise, simplify and abridge the rules, practice, pleadings and forms!
in civil actions in the courts of this State; to abolish distinct forms'
;. 261
of action at law, and to provide for the administration of justice in
a uniform mode of pleading and practice, without distinction between
law and equity," approved June 18th, 1852, have considered said
bill, and have instructed me to return the same to the House with
the recommendation that it be indeiiaitely postponed.
Which report was concurred in.
Mr. Broaddus, chairman of the committee on engrossed bills, sub-
mitted the following roport:
Me. Speaker :
The committee on engrossed bills, to whom was referred engrossed
House Bills Nos. 35 and 137, have carefully compared the same
with the original copies, and find them in all things properly en-
grossed,
Mr. Cauthorn, from the select committee appointed by the Houso
to report suitable resolutions upon the death of Horace Greeley, sub-
mitted the following report and resolution :
Mr. Speaker :
The select committee appointed to take order on the occasion of
the death of Horace Greeley, have instructed me to make the follow-
ing report :
In common with our fellow citizens, we deeply deplore the loss
by death of so great and so good a man as Horace Greeley. The sad
news has found its way not only to every city, town, village and
hamlet of his native continent, but on the globe is only limited and
confined by the btunds of civilization and intelligence.
His life is not only a lesson, but an example which commends
itself to every aspiring mind in coming years, and is full of hope and
promise.
[ He commenced life poor and unknown; he left it rich and with
I a fame w^orld-wide. For thirty years he has occupied a prominent
i position before the American people, and in that peculiar field of
t labor that invites criticism and censure. Yet, during all these thirty
262
years of ]oin"na]istic pre-eminence, he has maintained a reputation
unspotted and ^Yithout reproach.
No man of his time has impressed his peculiar views upon the in-
stitutions of the country more fully and complelely than Horace
Greeley.
Nearly every principle advocated by him, no matter how unpopu-
lar at first, finally received the sanction of the people. And his
devotion to principle, regardless of popular feeling, is the highest
evidence of his honesty and worth. Many designing demagogues
cling to dominant political parties for self-aggrandizement, but not so
with Horace Greeley.
His conviction of right and wrong, determined his course, and he
worshiped at the shrine of duty with an eastern idolatry. He was
the friend of the slave when friendship for him was a political crime.
But regardless of self, he followed his convictions of right, and
labored for his enfranchisement through good and through evil
reports, until at length he witnessed the full fruition of his labors ia
the complete triumph of his principles.
Horace Greeley is the first person, who, after a life spent in politi-
cal strife and discord in the short space of a political caueas, over-
come tiie prejudices of his political opponents, and received witk
great unanimity their endorsement and support.
His death is a striking illustration of the uncertainty of human
life. On the first of May last, he was nominated by a respectable
convention of his fellow citizens at Cincinnati, for the highest office
on earth. On the 12th of June last, said nomination was endorsed
and ratified by the Democratic party of the great State of Indiana^,
and on the 9th of July last, was ratified and endorsed by the Demo-
cratic party of the nation, in convention assembled at Baltimore,
and on the 5th day of November. He was voted for by more than
two millions of his fellow citizens, for President of the United States^
and on this day he was to be voted lor by the chosen electors of the
people, for that high office, but instead thereof, his mortal remains
are to be committed to the cold and silent grave.
In his death, our country has lost a distinguished citizen, the
world, an accomplished man ; science, a follower ; literature, a friend^
philosophy, a star ; and labor, a devotee.
263
In memory of such a man, we might do many meaningless things.
"We might shroud this Hall in black, and resolve to wear the feeling-
less crape. But we prefer to let each member, in his own way,
manifest and express his respect and regret, and recommend the
adoption of the following resolution :
Resolved, In respect for the memory of Hoi'ace Greeley, that this
House do now adjourn until to-morrow morning.
JOHN E. RUMSEY, Chairman.
HENRY vS. CAUTHORN,
JOHN O. HARDESTY,
JOHN T. RICHARDSON,
C. A. BUSKIRK.
Which report was concurred in, and resolution unanimously
adopted.
Whereupon the House adjourned until to-morrow morning at &
o'clock.
2G4
THURSDAY MORNING.
December 5, 1872, 9 o'clock.
The House met pursuant to adjournment with the Speaker in the
chair.
The Journal of yesterday was read in part, when,
On motion,
The further reading of the same was dispensed with.
Mr. Butterworth moved for a call of the House.
Which was aereed to.
Those who ansivered to their names icere, Messrs.
Anderson,
Baker,
Baxter,
Billingsly,
Bowser,
Branhara,
Broaddus,
Buskirk,
Butterworth,
Butts,
Caiithorn,
Clark,
Claypool,
Cobb,
Coffman,
Crumpacker,
Dial,
Durham, Isenhower,
Eaton, Jones,
Edwards, of Lawrence,Kimball,
Ellsworth,
Eward,
Furnas,
Gilford,
Givan,
Goudie,
Gregory,
Gronendyke,
Hatch,
Hedriek,
Heller,
Henderson,
Hollingsworth,
Hoyer,
Kirkpatrick,
Lenfesty,
Martin,
McConnell,
Mellett,
Odle,
Ogden,
Pfrimmer,
Reeves,
Reno,
Richardson,
Riggs,
Rudder,
Rumsey,
Satterwhite,
Scott,
Shutt,
Spellman,
Stanley,
Strange,
Teeter,
265
Tingley, Whitworth,
Thompson, of Elkhart,Willard,
Thompson, of Spencer, Wilson, of Blackford,
Troutman, Wood,
Tulley, Woodard,
Walker, Wolflin,
Wesner, Mr. Speaker- — 73.
Ml'. Kimball, chairman of the committee on ways and means, to
whom was referred House Bill No. 73, asked that the same be
referred to the committee on fees and salaries.
Which was agreed to.
Mr. Kimball, chairman of the committee on ways and means, by
instruction of the same, introduced
House Bill No. 163. Entitled an act to provide for a uniform
assessment of property, and for the collection and return of taxes
thereon.
Mr. Kimball moved that the constitutional rule be suspended,
and that the bill be read a first and second time by its title.
The question being, shall the constitutional rule be suspended and
the bill read a first and second time by its title ?
Those who voted in the afirmative were, Ilessrs.
Anderson,
Cobb,
Givan,
Baker,
Coflmau,
Glazebrook,
Baxter,
Cole,
Goble,
Billingsley,
Cowgill,
Goudie,
Blocher,
Crurapacker,
Gregory,
Branham,
Dial,
Grouendyke,
Broaddus,
Durham,
Hatch,
Buskirk,
Eaton,
Hedfick,
Butterworth,
Edwards of Lawrence, Heller,
Butts,
Ellsworth,
Henderson,
Cauthorn,
Eward,
Hollingsworl
Clark,
Furnas,
Hoyer,
Clay|K)ol,
Gifford,
Isenhower,
2G6
Johnson,
Jones,
Kimball,
King,
Kirkpatrick^
Lenfesty,
Martin,
Mellett,
Miller,
McConnel],
McKinney,
North,
Odle,
Ogden,
Peed,
Pfriramer,
Reeves,
E,eno,
Richardson,
Riggs,
Rudder,
Riimsey,
Satterwhite,
Schmuck,
Scott,
Shutt,
Spellman,
Stanley,
Strange,
Tingley,
Thompson, of Elkhart^,
Thompson, of Spencer,
Troutman,
Tulley,
Walker,
Wesner,
Whitworth,
Willard,
Wilson, of Blackford;,
Wood,
Woodard,
Wolflin,
Wynn,
Mr. Speaker— 84,
Teeter,
Mr. Bowser voting in the negative.
So the constitutional rule was suspended.
The bill was read a first and second time by its title.
On motion of Mr. Kimball,
The bill was referred to the committee on ways and means.
Mr. Riggs, chairman of the committee on claims, submitted the
following re])ort :
Mr. Speaker :
The committee on claims to whom was referred the claim of Stearns
Fisher, for fifty-two dollars and fifty cents for services performed
nnd described in the accompanying report of the committee on
claims, made by the committee to the last session of the Legislature,
have had the same under consideration, and recommend that it be
allowed, and referred to the committee on ways and means, and be
included in specific appropriations.
Which was concurred in.
Mr. Riggs, chairman of the committee on claims, submitted the
following report :
267
Mr. Speaker:
The committee on claims to whom was I'eferred the claim of Julius
Boettichei" for the sum of four hundred and sixty-five dollars and
ninety-two cents, on account of papers furnished the last Legisla-
ture, have had the same under cousideration and recommend that it
be allowed, referred to the committee on ways and means and be
included in specific appropriations.
Which was concurred in.
Mr. Eiggs, chairman of the committee on claims, submitted the
following report :
Mk. Speaker:
The committee on claims to whom was referred the claim of " The
People," for thirty-nine dollars and fifty cents, on account of papers
furnished members of the House of the last session, have had the
same under consideration and recommend that thirty-two dollars and
ninety-six cents be allowed, that being the amount of the bill, less
interest, and that it be referred to the committee on ways and means,
to be incorporated in specific appropriations.
Which was concurred in.
Mr. Riggs, chairman of the committee on claims, submitted the
following report :
Mr. Speaker :
The committee on claims to whom was referred the claim of W.
B. Vickers, for furnishing Evening Mirror for the members of the
last Legislature, have had the same under consideration and
recommend that it be allowed and referred to the committee of ways
and means to be included in specific allowances.
Which was concurred in.
Mr. Shutt, from the committee on claims, submitted the follov^ing
report :
Mr. Speaker :
The committee on claims to whom was referred the petition of J.
268
G. Greeiiawalt, for allowance of three thousand three hundred dollars,
for extra services in perfonning the duties of Military Agent of the
State of Indiana for thirty-three months in addition to the usual
duties of his office, which extra services are fnlly set forth in said
petition, have had the same under careful consideration and
recommend an extra allowance of fifteen hundred dollars, and that
this petition be referred to the committte on ways and means, and
the amount recommended to be allowed, be incorporated in specific
allowances.
Which was concurred in.
Mr. Shutt, from the committee on claims, submitted the following
report :
Mr, Spkakee :
The committee on claims to whom was referred the claim of John
Browulee for the sum of twelve hundred and fifty dollars, for
services rendered in behalf of the State in the Grant Circuit Court,
and procuring an act of Congress to tax the lands known as the
Me-Shingo-Mc-Sha Reserve, the particulars of which are fully set
forth in the accompanying papers, liave had the same under consid-
eration and recommend that he be allowed one thousand dollars for
his services, atid that this report be referred to the committee on
wavs and means, and the amount recommended to be allowed be
included in specific appropriations.
Which was concurred in.
Mr. Lenfesty, from the committee on claims^ submitted the
following report :
Me. Speaker:
The committee on claims to whom was referred the claim of the
''Indianapolis Commercial Company" lor the sum of eighty-five
dollars and eighty cents, have had the same under consideration and
recommend that the said company be allowed tlie sum of seventy-
eight <lol!ars, that being the amount of claim less interest, and that
the same be referred to the committee on ways and means to be
included in S]iecific allowances.
WMiich was concurred in.
269
Mr. Lenfesty, from the committee on claims, submitted the
following report :
Mr. Speaker :
The committee on claims to whom ^was referred the resolution
instructing them to examine the records of the last session of this
General Assembly and report to this House the facts in relation to
the contested case of William B. Walters against R. S. Taylor, have
had the same under consideration, and find that the committtee on
claims at said session reported in favor of allowing said Walters so
much per diem for the time and mileage. Your committee, therefore,
recommend that said said Walters be allowed pay for thirty-four
days at five dollars per day, that being the time consumed in the
contest, and fifty-two dollars and forty cents for mileage, and that it
be referred to the committee on ways and meaus, and be included in
specific appropriations.
Which report was not concurred in.
Mr. Lenfesty, from the committee on claims, submitted the fol-
lowing report :
Mr, Speaker:
The committee on claims, to whom was referred the claim of Gui-
tenburg Co., for the sum of nine hundred and four dollars and forty
four cents, on account of papers furnished the Senate and House at
the last session of the Legislature, have examined the same, and
instruct me to report back that part of the bill in relation to the
Senate, and recommend that so much of said claim relating to the
House, and amounting to the sum of three hundred and twenty-three
dollars and forty-four cents, be allowed and referred to the commit-
tee on ways and means, and included in special appropriations.
Which was concurred in,
Mr. Cobb, from the committee on claims, submitted the following
report :
Mr. Speaker :
The comniiti-ee on claims, to whom was referred the petition of
J. C. Graham and others, asking an appropriation of fifty dollars each
270
as additional compeusation to tliat now provided by law for services
rendered, time employed and money expended by said marshals in
collection and delivery of tlie votes cast for electors for President
and Vice President, liave had the same under consideration, and I
am instructed to report back the petition with the recommendatiou
that no further allowance be made.
Which was concurred in.
Mr. Cobb, from the committee on claims, submitted the following
report :
Mr. Speaker :
The committee on claims, to whom referred the claim of the Jeffer-
sonville Railroad Company for the sum of sixty-five dollars and
fifty-five cents, on account of transportation, have had the same
under consideration, and recommend that it be not allowed.
Which was concurred in.
Mr. Miller, chairman of the committee on trust funds, submitted
the following report :
Me. Speaker:
Your committee on trust funds, to whom was referred House Bill
No. 24, entitled " Au act to provide designated|depositories for the
safe keeping of the public funds in the State and several counties, and
providing penalties for the enforcement thereof,'^ have had the same
under consideration, and direct me to report the same back to the
House with the following amendmcHt, to wit:
Insert section nine, herewith submitted, between sections eight
and ten, and that when so amended the same be laid on the tab
and five hundred copies thereof be printed.
Section nine. Whenever, in the opinion of the Governor, Audit
and Treasurer of State, or of the Board of Commissioners of the
several counties, the safety of tlie j^ublic funds shall require it, they
shall have the power, and it is hereby made tlieir duty, to issue an
order for the lemoval of the funds from any designated depository
•where they may be kept, to any other depository to be designated
under the provisions of this act; and the Treasurer of State and the
271
'Sereral County Treasurers shall, individually, on receiving an order
to that eftect, remove said funds indicated ; and this may be done
whether any provision has been made for sucli removal in the con-
tract with said depository or not.
Which report was concurred in, and amendments adopted.
On motion of Mr. Miller,
The bill was laid upon the table and five hundred copies ordered
to be printed for the use of the members of the House.
Mr, Cowgill, from the committee on fees and salaries, submitted
the following report :
Mk. Speaker:
Your committee on fees and salaries, to whom was referred House
Bill No. 45, entitled, "An act to amend section 1 of an act, entitled,
*an act fixing the per diem and mileage of members of the General
Assembly, secretaries, clerks, doorkeepers, and other employes
thereof," approved December 20, 1865, have had the same under
consideration, and respectfully report the bill ba' k. with I'ecommen-
dation that it be indefinitely postponed.
Which was concurred in.
Mr. Broaddus, from the committee on fees and salaries, submitted
the following report:
Mr, Speaker:
The committee on fees and salaries, to whom was referred House
Bill No. 78, entitled, "An act for the erection of a new State Prison
North of the National Road, election of officers therefor, and regu-
lating the salaries of the same," have had the same under consider-
ation, and dii'ect me to report the same back, with the recommen-
dation that it be indefinitely postjioned.
Which was concurred in.
Mr. King, chairman of the committee on railroads, submittted
the following report :
Me. Speaker :
The committee on railroads, to whom was referred House Bill.
No. 144, entitled, ''An act to provide for the crossing of railroads,,
the keeping in repair such crossings, and providing for the expense
thereof," have had the same under consideration, and report the
same back, with the recommendation that it pass.
Which report was concurred in, the bill read a second time, and
ordered to be engrossed.
Mr. Cofi'man, from the committee on county and township
business, submitted the following report:
Mr. Speaker:
The committee on county and township business, to whom was
referred House Bill No. 10, entitled, ''An act providing for the
issue and sale of bonds, to raise money by the civil townships of
this State, etc., etc.," have instructed me to report that the said bill
be indefinitely postponed.
On motion of Mr. Mellett,
The report was laid on the table, and the bill referred to the
cummiitte ou education, with the following instructions offered by
Mr. Woolen :
Provided, Before any bonds .shall be issued under the provisions
of this act, it shall be the duty of the board of commissioners, to
require a petition, signed by two-thirds of the free-holders of the
township, asking that said bonds shall be issued.
The following message was received from the Senate by the
Secretary thereof.
Mr. Speaker :
I am directed by the Senate to inform the House that the Senate
has adopted the concurrent resolution thereof, to wit:
Resoloed, By the Senate, the House concurring, that 5,000'
copies of the report of the Trustees and Superintendent of the Insti-
273
tution for the education of the deaf and dumb, be printed, and three
thousand thereof be printed for the use of the members of the Gen-
eral Assembly, and two thousand for the use of the Suj^erintendent
of the Institution in accordance with the recommendation of the
Governor's message.
And the same is herewith transmitted to the House.
Mr. Ogden, chairman of the committee on corporations, submited
the following report.
Mr. Speaker:
Your committee on corporations to whom was referred House Bill
No. 39, entitled "An act to amend the second section of an act
entitled "An act concerning voluntary associations and repealing
former laws in reference thereto, ' " approved February 12, 1855,.
and declaring an emergency to exist, have had the same under con-
sideration and have directed me, in lieu thereof, to offer the following
bill marked "A" as a substitute for said bill, and when so amended
recommend its passage.
Which report was concurred in.
Whereupon House Bill No. 164 was introduced by Mr. Ogden,
chairman of the committee on corporations, as a substitute for House
Bill No. 39, as mentioned in his preceding report.
An act to amend section second, of an act entitled an act concern-
ing the organization and perpetuity of voluntary associations and
repealing an act entitled "An concerning the organization of volun-
tary associations, and repealing former laws in refference thereto,"
approved February 12, 1855, and repealing each act repealed by
said act, and authorizing gifts and devises by will to be made to any
corporation or purpose contemplated by this act," approved February
20, 1867, and declaring an emergency to exist.
Mr. Ogden moved to lay the original bill [House Bill No. 39] on
the table.
Which motion prevailed. <■
House Bill No. 164 was then read a first time.
H. J.— 18
274
Mr. Lenfesty, chairman of the commitlee on federal relations,
submitted the folowing report.
Mb. Speaker :
Your committee on federal relations, to whom was referred joint
resolution No. 4, in relation to an appropriation by Congress for the
improvement of the Ohio river, report the same back to the House
amended, and recommend its passage.
"Which report was concurred in.
By unanimous consent the joint resolution was considered as^
engrossed, read a third time and put upon its passage.
The question being, shall the joint resolution pass ?
Those who voted in the affirmative were, Messrs,
Anderson,
Glazebrook,
Odle,
Baker,
Billingsley,
Goble,
Goudie,
Pfrimmer,
Prentiss,
Blocher,
Gregory,
Eeeves,
Bowser,
Branham,
Gronendyke,
Hatch,
Reno,
Kichardson,
Brett,
Heller,
PviggS,
Buskirk,
Henderson,
Rudder,
Butterworth,
Cauthorn,
Hoyer,
Isenhower,
Rumsey,
Satterwhite,
Claypool,
Cline,
Johnson,
Jones,
Schmuck,
Shirley,
Cobb,
Kimball,
Shutt,
Coffman,
King,
Smith,
Cowgill,
Crumpacker,
Dial,
Kirkpatrick,
Lenfesty,
Lent,
Spellman,
Stanley,
Strange,
Durham,
Martin,
Teeter,
Eaton, McConnell,
Edwards, of La"Vfrence,McKinney,
Ellbworth, Mellett,
Thompson, of Elkhart,
Thompson, of Spencer^
Troutman,
Gifford,
Miller,
Walker,
Givan,
North,
Wesner,
■275
Whitworth, Wood, ^' Woollen,
Willard, Woodard, Wynn,
Willson, of Ripley, Wolflin, Mr. Speaker— 78.
Those who voted %n the negative were, Messrs.
Baxter,
Furuas,
Scott,
Broaddus,
Glasgow,
Tingley,
Biitis,
Hedrick,
Tulley,
Clark,
Hollingsworth,
Wilson, of Blackford
Cole, ^
Ogden,
—15.
Eward,
So the joint resolution passed.
The question being, shall the title as read stand as the title of the
joint resolution ?
It was so ordered.
Mr. Wynn, from the committee to whom was referred Senate
Joint Resolution in relation to the improvement of the Ohio and
Wabash rivers and their tributaries, submitted the following re-
port :
Me. Speaker :
Your committee on federal relations, to whom was referred Senate
Joint Resolution in relation to the improvement of the Ohio and
Wabash rivers and their tributaries, report the same back to the
House with the recommendation that the same be indefinitely post-
poned.
Which report was concurred in.
Mr. Lenfesty, chairman of the committee on federal relations, sub-
mitted the following report :
Mr. Speaker :
Your committe on federal relations, to whom was referred House
Bill No. 6, creating the Indiana Centennial Association, report the
same back with the following amendment and recommend its passage:
276
Section 2 be amended to read as follows :
''Section 2. The members of the association shall be the
persons named by the Congress of the United States for the State of
Indiana as the corporators of the Centennial Board of Finance."
The Centennial commissioners and alternate commissioners for
the State, and all persons who may become stockholders under the
laws of Congress, the State Geologist and Superintendent of Public
Instruction, the President of each University or College in the State,
the Mayor of each city exceeding ten thousand inhabitants, the
President and members of the State Board of Agriculture, the
President or chief officer of each railroad company organized in
this State, and one person from each county in the State, the Gover-
nor and Lieutenant Governor of Indiana and the Speaker of the
House of Representatives shall be ex-officio members of the Associa-
tion.
Which report was concurred in, and the amendment adopted.
The bill was read a second time and ordered to be engrossed.
Mr. Reeves, chairman of the committee on roads, submitted the
following report :
Mr. Speaker :
The committee on roads, to whom was referred House Bill No.
79, have had the same under consideration and recommend that the
same be indefinitely postponed :
Which report was concurred in.
Mr. Reeves, chairman of the committee on roads, submitted the
following report.
Mr. Speaker :
The committee on roads, to whom was referred House Bill No.
59, have had the same under consideration and recommend its
passage.
Which report was concurred in.
The bill was read a second time and ordered to be engrossed.
277
Mr. Wolflin, chairman of the committee on statistics and emigra-
tion, submitted the following report :
Mr. Speaker :
The committee on statistics and emigration, to whom was referred
House Bill No. 88, entitled an act to provide for the registration of
births, marriages and deaths in the State of Indiana, have had the
same under consideration and direct me to report the same back with
the following amendments, and when so amended they recommend
its passage :
1. Strike out section nine (9) and ten (10).
2. Section 3, after the words "the records and marriages," insert .
"shall be kept by the County Clerk/' and at the close of said section,
'^all the foregoing facts shall be ascertained by said Clerk at the time
of issuing the marriage license."
3. Sections, after the words "on or before" strike out "twenty-
fifth day of January," and insert "the first day of April."
Which report was concurred in, the amendments adopted, the bill
read a second time and ordered to be engrossed.
Mr. Gregory, from the select committee, submitted the following
report :
Mr. Speaker:
The select committee to whom was referred House Bill No. 134,
providing for the time of holding Circuit Courts and the length of
the terms thereof in the several counties comprising the Twelfth
Judicial Circuit of the State of Indiana, and providing for the return
of process thereto, have had the same under consideration and dii-ect
me to report to this house and recommend the passage of the bill.
Which report was concurred in and the bill read a second time.
Mr. Gregory moved to suspend the Constitutional rule, that the
bill be considered engrossed, read a third time and put upon its
passage.
The question being, shall the Constitutional rule be suspended ?
278
Those who 'voted in the affirmative -were, Messrs.
Baxter,
Billingsly,
Bio 'her,
Branham,
Brett,
Broaddus,
Buskirk,
Cautliorn,
Clark,
Claypool,
Coljb,
CoffiTian,
Cole,
Dial,
Durham,
Eaton,
Edwards, of Lawr
Ellsworth,
Eward,
Furnas,
Gilford,
Givan,
Glassg'ow,
Glazebrook,
Goble,
Goudie,
Gregory,
Gronendyke,
Hardesty,
Hatch,
Hedrick,
Heller,
Henderson,
Hollingsworth,
Hoyer,
Isenhower,
Johnson,
Kimball,
King,
Kirkpatriek,
Lenfesty,
Lent,
Martin,
McConnell,
ence,McKinney,
Mellett,
Miller,
North,
Odle,
Ogden,
Peed,
Pfrimmer,
Prentiss,
Reeves,
Reno,
Richardson,
Riggs,
Rudder,
Rumsey,
Satterwhite,
Schmuck,
Scott,
Shirley,
Shutt,
Smith,
Spell man.
Stanley,
Strange,
Teter,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Tulley,
Wesner,
Whitworth,
Willard,
Wilson, of Blackford,
Willson, of Ripley,
Wood,
Woodard,
Woollen,
Wynn,
Mr. Speaker — 84.
No one voting in the negative, so the Constitutional rule was
suspended, the bill read a third time and put upon its passage.
The question being, shall the bill pass?
Those who voted in the affirmative loere, Messrs.
Baker,
Blochor,
Broaddus,
Baxter,
Branliam,
Buskirk,
Billingsley,
Brett,
Butter worth,
279
Butts,
Caiithorn,
Clark,
Claypool,
€obb,
Coffman,
Cole^
Crum packer,
Dial,
Durham,
Eaton,
Edwards, of Law
Ellsworth,
Eward,
Eunias,
Giiford,
Given,
Glasgow,
Glazebrook,
Goble,
Goudie,
Gregory,
Gronendyke,
Hardesty,
Hatch,
Hedrick,
Heller,
Ino one voting
Henderson,
Hollingswoi-th,
Isenhower,
Johnson,
Jones,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lent,
Martin,
rence,McConnell,
McKinney,
• Mellett,
Miller,
North,
Odie,
Ogden,
Peed,
Pf'rimmer,
Prentiss,
Heeves,
Reno,
Richardson,
Riggs,
Rudder,
Rumsey,
in the negative.
Satterwhite,
Schmuck,
Scott,
Shirley,
Shutt,
Smith,
Spellman,
Stanley,
Strange,
Teeter,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Tulley,
Walker,
AVesner,
Whitworth,
Willard,
Wilson, of Blackford,
Willson, of Ripley,
Wood,
Woodard,
WoMin,
Wynn,
Mr. Speaker— 89.
So the bill passed.
The c[uestlon being, shall the title as read stand as the title of the
bill •?
It was so ordered.
Mr. Mellett, chairman of the committee on education, submitted
the following report :
Me. Speaker :
The committee on education, to whom was referred House Bill No.
280
155, having had the same under advisement, report it back and rec-
ommend its passage.
"Which bill was read a second time, and ordered to be engrossed.
On motion of Mr. Branham,
The regular order of business was taken up.
The following opinion of the Attorney General of the State of
Indiana in relation to the Garrett suit in Cass Circuit Court, was
presented to the House by the Speaker:
OPINION.
Indianapolis, Ind., Dec. 5, 1872.
Hon. W. K. Edwards,
Speaker of the House of Representatives :
Sir : — I have the honor to transmit through you to the House of
Representatives, the following opinion in answer to the resolution of
the House, passed on the 3d instant. The first question in which I
am requested to give an opinion is in these words, viz,:
" What additional liability either moral, legal or equitable, if any,
would the State of Indiana incur as to other outstanding internal
improvement bonds, by making an appropriation and paying the
judgment of John W. Garrett, recently recorded in the Cass Circuit
Court against the Trustees of the Wabash and Erie Canal ?"
In reply to this resolution, I have to say, that by^the phrase ''Inter-
nal Improvement Bonds,'^ I understand to be embraced only such
bonds as were issued under the act approved January 27, 1836,
entitled " An act to provide for a general system of Internal
Improvements;" In my opinion, the 9th section of that act makes
all the bonds issued under it a lien on the Wabash and Erie Canal,
and all the other public works, the construction of which is provided
for by said act.
I understand Garrett holds forty bonds issued under that act
which are a lieu on the canal and other said works, and one (1) bond
issued for bank purposes under the act of February 12, 1839,
■which, in my opinion, is not a lien on said canal or other works. I
. ■ 281
understand further that of the one hundred and ninety-one old
Indiana bonds still outstanding, seventy-seven of them are known
to have been issued under said act of January 27, 1836, and are
therefore a lien on said canal and other public works.
It is also further known, that other seventy-seven of said one
hundred and ninety-one old bonds still outstanding were issued
under the act of February 12, 1839, and are not a lien on said canal
or works. The other thirty-seven of said one hundred and ninety-
one bo'nds, have not been traced or accounted for. They may have
been issued under said act of January 27, 1836, and if so, are a lien,
or they may have been issued under said act of February 12, 1839,
and if so, are not a lien ; or a part may have been issned under the
one act, and a ]_)art under the other, and in that event, part would
and a part would not be a lien.
With this statement of facts in view, I beg leave to say, in answer
to the question, " What additional liability the State would incur as
to other outstanding internal improvement bonds, by making an
appropriation to pay Garrett's judgment ?" that the State would incur
no additional liability, by making such an appropriation to pay other
outstanding internal improvement bonds. All the internal improve-
ment bonds that are outstanding, were issued under the act of
January 26, 1836, and are equally a lien on the canal, and the
liability of the State to pay them all is now complete. This being
so, of course the payment of such portion of them as may be held
by Garrett, could not increase the State's liability to pay those held
by others, -when she is already liable to pay all of them, no matter
by whom held ; besides, all holders of bonds issued under the act of
January 57, 1836, have the same remedy against the canal that
Garrett has, and some of them have already been made parties to
this suit, and the rest may come in under his decree and prove their
bonds.
As to such of the one hundred and ninety-one old bonds as are
not a lien on the Canal, I think the State's liability to pay them, is
just as great as if they were a lien. The State issued them and
pledged her faith for their payment, they are unpaid, and no one
doubts the ability of the State to pay them. The question whether
they shall be paid, is, in my judgment, raihcr a question of honest)/
than of law. Of course the payment of these bonds which are a
lien on the Canal can not increase her obligation or liability to pay
those which ar« not a lien, for the simple reason that an obligation
which is already full and perfect can not be increased.
282
The second resolution propounded this cpiestiou : " In what posi-
tion, as to the payment of the bonds inchided in the Butler Bill,
■would this State be placed if she permitted the Wabash and Erie
Canal, and other internal improvements, upon Vv^hich Garrett's judg-
ment is a lien, to be sold to satisfy said Garrett's judgment recently
recovered in the Cass Circuit Court against the Trustees of the
Wabash and Erie Canal ?"
I understand the phrase, ''bonds included in the Butler Bill," as
used in this question, to mean the canal stocks issued under the bill,
and charged exclusively upon the canal. So understanding it, my
reply is that, in my opinion, the 22d section of the supplemental
Butler Bill of January 27th, 1849, makes it the duty oi the State to
protect the trust property from the lien of Garrett's bonds, and
having the ability to do this, if she fails to do it, and allows the
trust to be destroyed by staadiug by and seeing the trust property
subjected to the payment of her own debts, she will put herself
decidedly in the wrong. She will not be responsible to the holders .
of the canal stocks for that wrong, simply because being a sover-
eignty she can not be sued.
Respectfully yours, etc.,
J. C. DENNY,
Attorney General.
Mr. Gregory moved that the opiniun be laid upon the table, and
five hundred copies be printed for the use of the members of the
House.
Which motion prevailed.
Mr. AYooUen, from the committee on the judiciary, in accordance
to a resolution of the House, introduced
House Bill No. 165.
Mr. Speaker :
The committee on the judiciary, to whom was referred the resolu-
tion of Mr. Woollen in regard to the compensation of the Governor
since January last, have had the same under consideration, and in-
struct me to report the tollowing bill on that subject, with a recom-
mendation that it pass :
283
An act allowiug additional compensation to the Governor lor
house rent and other exjbenses, making an appropriation to pay the
same, and declaring an emergency.
Which was read a first, time, and passed to the second reading on
to-morrow.
Mr. Kimball introduced '
House Bill Xo. 1G6. An act fixing the salary of the Governor,
and providing fisr the payment of the same.
AVhich was read a first time, and passed to the second reading on
to-morrow.
Senate Bill No. 65 was taken from the Speaker's table and read a
first time.
Mr. King moved to suspend the constitutional rule and have the
bill I'ead a second time, considered as engrossed, and put upon its
passage.
The question being, shall the constitutional rule be suspended ?
Those icJio voted in the affirviative were, Messrs.
Baker,
Baxter,
Billingsley,
Blocker,
Bowser,
Branham,
Brett,
Broaddiis,
Buskirk,
Butterworth,
Butts,
Cauthorn,
Clark,
Claypool,
Cline,
Cobb,
Coffman,
Cole,
Crumpacker,
Dial,
Durham,
Eaton,
Gregory,
Gronendyke,
Hardesty,
Hatch,
Hedrick,
Heller,
Edwards, of Lawrence,Henderson,
Ellsworth, Hollingsworth,
Eward,
Furnas,
Gifibrd,
Givan,
Glasgow,
Glazebrook,
Goble,
Goudie,
Hoyer,
Isenhower,
Jones,
Kimball,
King,
Kiikpatrick,
Lenfesty,
Lent,
284
Martin,
, Rudder,
Trout man,
McConnell,
Rumsey,
Tulley,
McKinney,
Satterwhite
>
Walker,
•Miller,
Schmuck,
Wesner,
North,
Scott,
WHiitworth,
Odle,
Shutt,
Willard,
Ogden,
Smith,
Wilson, of Blackford.
Peed,
Spellman,
Will son, of Ripley,
Pfrimmer,
Stanley,
Wood,
Prentiss,
Strange,
Woodard,
Reeves,
Teter,
Wolflin, . '
Reno,
Tingley,
Woollen,
Richardson,
Thompson,
of Elkhart, Wynn,
Riggs,
Thompson,
ofS
ipencer,Mr. Speaker — 90.
No one voting in the negative.
So the constitutional rule was suspended.
The bill was read a second time by its title, considered as engross-
ed, and put u})on its passage.
The question being, shall the bill pass ?
Tliose who voted in the afirmative were, Messrs.
Baker,
Baxter,
Billingsley,
Blocker,
Bowser,
Branham,
Brett,
Broaddus,
Buskirk,
Butterworth,
Butts,
Cauthorn,
Clark,
Claypool,
Cliue,
Cobb,
Coffman,
Cole,
Crum packer.
Dial,
Durham,
Eaton,
Edwards, of Law
Elsworth,
Eward,
Furnas,
Gifford,
Givan,
Glasgow,
Glazebrook,
Goble,
Goudie,
Gregory,
Gronendyke,
Hardesty,
Hatch,
Hedrick,
Heller,
rence, Henderson,
Hollingsworth,
Hover,
Isenhower,
Jones,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lent,
285
Martin,
Rumsey,
Troutman,
McConnell,
Satterwhite
f
Tulley,
McKinney,
Schmuck,
"Walker,
Miller,
Scott,
Wesner,
North,
Shirley,
Whitworth,
OdIe,
Shutts,
Willard,
Ogden,
Smith,
Wilson, of Blackford,
Peed,
Spellman,
*■
Willson, of Ripley,
Pfrimmer,
Stanley,
Wood,
Prentiss,
Strange,
Woodard,
Reeves,
Teter,
Wolflin,
Keno,
Tingley,
Woollen,
Richardson,
Thompson,
ofEIkliart,Wynn,
Riggs,
Thompson,
of Spencer,Mr. Speaker — 91.
Eudder,
No one voting in
the negative.
So the bill
passed
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
I |The Senate concurrent resolution was taken from the Speaker's
table, and concurred in.
Mr. Miller offered the following resolution :
Resolved, That the ehairmau of the standing committees be
requested to report the number of clerks, janitors, and other
employes engaged by them, also to give the number of hours per
diem su.h employes are engaged for the committee, and a brief
statement of the duties required of them.
Which was adopted.
On motion of Mr. Billingsley, the select committee appointed by
the House to examine into, and report upon the claim of the State
of Indiana against the estate of Andrew Grimes, was granted leave
to sit this afternoon.
286
Mr. Cauthorn introduced
House Bill No. 167. An act to preserve the original maiauscript
Journals of the Senate and House of Repi'eseutatives of the General
Assembly, and prescribing a penalty for the destruction or mutilla-
tion thereof.
Which was read a first time and referred to the committee on the
judiciary.
Mr. Walker introduced.
House Bill No. 168. A bill to amend an act entitled "An act to
establish courts of Common Pleas, and defining the jurisdiction and
duties of, and providing compensation for the judges thereof.
Which was read a first time and referred to the committee on the
judiciary.
Mr. Baxter ojffered
Joint Resolution No. — . A joint resolution in relation to the
Indiana Reformatory Institution for Women and Girls :
Whereas, The Governor, in pursuance of the provisions of the
fourth section of an act approved May 13th, 1869, entitled '' An act
to establish a Female Prison and Reformatory Institution for girls
and women, with the consent of the Trustees of the Institution for
the Education of the Deaf and Dumb, selected as the site for said
Reformatory Institution, the north end of a thirty-six acre tract of
land, purchased by the State for the use of said Institution for the
Deaf and Dumb from Isaac N. Phipps and John B. Phipps, and
conveyed by them and their wives to the State, by deed, dated 18th
day of February A. D., 1850, and recorded in book X at pages 197,,
198 and 199 of the records of deeds of Marion county, Indiana.
Now, therefore, to confirm said section of said site and to designate
the particular quantity and part of the said thirty-six acre tract
which shall be considered and used as the grounds pertaining to said
Reformatory Institution,
Be it resolved by the General Assembly of the State of Indiana^
That the selection of the north end of said thirty-six acre tract as
the site for said Reformatory Institution be, and the same is hereby
287
confivraed, and that the grounds of said Institution shall ^consist of
all that part of said thirty-six acre tract which lies north of the
north line of New York street, Indianapolis, by the extension of
said iiue due east, through said tract.
Which was read an ordered to be engrossed.
The question being, shall the joint resolution pass?
Those loho
voted in the affirmative
vere dfessrs.
Baker,
Gregory,
Richardson,
Baxter,
Gronendyke,
Riggs,
Billingtley,
Hardesty,
Rudder,
Blocher,
Hatch
Rurasey,
Bowser,
Hedrick,
Satterwhite,
Brauhara,
Heller,
Schmuck,
Brett,
Henderson,
Scott,
Broaddus,
Hoi lings worth,
Shirley,
Buskirk,
Hover,
Shutt,"
But'erworth,
Isenhower,
Spell man.
Butts,
Johnson,
Stanley,
Cauthorn,
Jones,
Strange,
Clark,
Kimball,
Teeter,
Clay pool,
King,
Tingley,
Cline,
Kirkpatrick,
Thompson, of Elkhart,
Cobb,
Lenfesty,
Thompson, of Spencer^
Cm m packer,
Lent.
Troutman,
Dial, '
Martin,
Tulley,
Durham,
McConuell,
Walker,
Eaton,
McKinney,
Wesner,
Edwards, of Lawrence,Miller,
Whitworth,
Ellsworth,
North,
Willard,
Eward,
Odle,
Wilson, of Blackford,
Furnas,
Ogden
Wood,
Gifford,
Peed,
Woodard,
Givan,
Pfrimraer,
Wolflin,
Glazebrook,
Prentiss,
Wynn,
Goble,
Reeves,
Mr. Speaker— 88.
Goudie,
Reno,
No one voting the
negative.
So the joint resolution passed.
288
The question being, shall the title as read stand as the title of the
joint resolution.
I was so ordered.
The claims of W. H. Slocomb and John J. Vance were referred
to the committee on claims.
On motion of Mr. Goudie, the House adjourned until 2 o'clock
this afternoon.
THUESDAY AFTERNOON, 2 o'CLOCK,
The house met pursuant to adjournment with the Speaker in the
chair.
Engrosssed Senate Bill No. 8 was taken from the Speaker's
tablC; read a second time, and ordered to a third reading on
to-morrow.
House Bill No. 70 was taken up, read a third time and put upon
its passage.
The question being, shall the bill pass ?
Those who voted in the affirmative were, Messrs.
Anderson,
Cauthorn,
Durham,
Baker,
Clark,
Eaton,
Baxter,
Claypool,
Edwards, of Lawrence,
Blocher,
Cline,
Gifford,
Bovv^ser,
Cobb,
Givau,
Bran ham,
Coffman,
Glasgow,
Brett,
Cole,
Glazebrook,
Broaddiis,
Cowgill,
Goble,
Butterworth,
Crumpacker,
Goudie,
289
Groaendyke,
Odel,
Spell man.
Hardesty,
Ogden,
Stanley,
Hatch,
Peed,
Strange,
Hedrick,
Pfrimraer,
Teeter,
Heller,
Prentiss,
Tiugley,
Holliugsworth,
Reeves,
Thompson, of Elkhart,
Hoyer,
Reno,
Tiiompson, of Spencer,
Isen bower,
Richardson,
Troutman,
Johnson,
Riggs,
Tulley,
Jones,
Rudder,
Walker,
Kimball,
Ramsey,
Wesner,
King,
Satterwhite,
Whitworth,
Lent,
Scbrauek, '
Willard,
Martin,
Scott,
Wood,
McConnell,
Shirley,
Woodard,
McKinney,
Shutt,
Wolflin,
Mellett,
Smith,
Wynn— 81.
North,
Mr. Speaker and Lenfesty voting in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
House Bill No. Ill was taken up and read a third time.
The question being, shall the bill pass?
Those who voted in the affirmative were, Messrs.
Anderson,
Baker,
Blocher,
Bowser,
Bran ham,
Brett,
Broaddus,
Buskirk,
K. J.— 19
Butter worth,
Butts,
Cauthorn, [
Clark,
CI ay pool,
Cline,
Cobb,
Colfmau,
Cole,
Cowgill,
Crumpacker,
Bial,^
Durham,
Eaton,
Edwards, of Lawrence,
Furnas,
290
Gifiord,
Givan,
Lenfesty,
Martin,
Shutt, ^
Smith,
Gla!^gow,
Glazebi'ook,
Goble,
McKinuey,
Mellet,
Miller,
Spell man,
Stanley,
Strange,
Goudie,
North,
Teeter,
Gregoi-y,
Gronendyke,
Odle,
Ogden,
Tingley,
Thompson, of Elkhart^.
Hardesty,
Hatch,
Peed,
Prentiss,
Thompson, of Spencer^.
Troutman,
Hedrick,
Peeves,
Walker,
Helier,
Peno,
Wesner,
Hoilingsvvortb,
Pichardson, ■
Wilson, of Blackfordj
Hoyer,
Isenhower,
Piggs,
Pudder,
Wilson, of Pipley,
Woodard,
Johnson,
Jones,
Punisey,
Satterwhite,
Wolflin,
Woollen,
Kimball,
Schmuck,
Wynn,
King,
Kir. patriek,
Shirley,
Mr. Speaker — 81.
Those who voted in the negative were, llessrs.
Pfrimmer,
Scott,
Tulley,
Whitworth,
Willard,
Wood — 6.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordei'ed.
House Bill No. 118 was taken up, read a third time, and^put upon
its passage.
The question being, shall the bill pass?
Those who voted in the afirmative were, Messrs.
Anderson,
Bowser,
Broaddus,
Baker,
Branham,
Butterworth
Blocher,
Brett,
Butts,
291
Clark,
Clnypool,
Cline,
Coif man,
Cowgill,
Crumpacker,
Dial,
IsenhoM''er,
Kifkpatrick,
Lent,
Mc Conn ell,
McKinney,
Miller,
North,
Edwards, of Lawrence,Prri miner,
Goble, Prentiss,
Goudie, Reno,
Hatch, Riggs,
Hollingsworth, Rumsey,
Hoyer, Schmnek,
Scott,
Shirley,
Shutt,
Stanley,
Strange,
Tingley,
Thompson, of Spencer,
Tulley,
Walker,
Wesner,
Willson, of Ripley,
Woodard,
Wolflin— 48.
Those who voted in the negative were, Messrs.
Canthorn,
Cohl),
Durham,
Eaton,
Furnas,
Gilford,
Givan,
Glazebrook,
Gronendyke,
Hardesty,
Hedrick,
Heller,
Johnson,
Jones,
Kimball,
King,
Lenfesty,
Martin,
Odle,
Ogden,
Peed,
Reeves,
Richardson,
Rudder,
Satter white.
Scott,
Smith,
Spell man J
Teeter,
Thompson, of Elkhart,
Troutman,
Whitworth,
Willard,
Wilson, of Blackford,
Wood,
Woollen,
Wynn,
Mr. Speaker— 38.
So the bill did not pass.
House Bill No. 35 was taken up, read a third time, and put upoii
its passage.
The question being, shall the bill pass?
Those who voted in the affirmative were Messrs.
Anderson,
Baker,
Baxter,
Bowser,
Brett,
Broaddus,
Buskirk.
Batterworth,
Butts,
292
Clark,
Jsenhower,
Scott,
Clay pool,
Johnson,
Spellman,
Cline,
Jones,
Stanley,
Cobb,
Kimball,
Strange,
Coffman,
King,
Teeter,
Cole,
Kirkpatrick,
Tingley,
Cowgill,
Lent,
Thompson, of Elkhart,
Crumpacker,
McKinuey,
Thompson, of Spencer,
Eaton,
Mellett,
Troutman,
Gitibrd,
Miller,
Walker,
Glasgow,
North,
Wesner,
Glazebrook,
Odle,
Wilson, of Blackford,
Goble,
Ogden,
Willson, of Ripley,
Goudie,
Peed,
Wood,
Grouendyke,
Prentiss,
Woodard,
Hatch,
E-eeves,
Woollen,
Hedrick,
Eiggs,
Wynn— 61.
Hollingsworth,
Those who voted in the negative were, Messrs.
Cau thorn, Martin,
Dial, McConnell,
Durham, Pfrimmer,
Edwards, of Lawrence,Reno,
Givau, Richardson,
Hardesty, Rudder,
Heller, Rumsey,
Hoyer, Satterwhite,
Leufesty, Schmuck,
So the bill passed.
Shirley,
Shutt,
Smith,
Tulley,
Whitwortb,
Willard,
Wolflin,
Mr. Speaker— 26.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
House Bill No. 137 was taken up, read a third time and put upon
its passage.
The question being, shall the bill pass?
293
Tl}.ose who voted in the affirmative icere, Messrs.
Baker,
Jiaxter,
Bloclier,
Branliara,
Brett,
Broaddus,
Butterworth,
Butts,
Cauthoru,
Clark,
Clay pool,
Cline,
Cobb,
CofTman,
Cole,
Crumpacker,
Dial,
Durham,
Edwards, of L
Furnas,
Gifford.
Glassgow,
Glazebrook,
Goble,
Goudie,
Gronendyke,
Hardesty,
Hatch,
Hedrick,
Hollingsworth,
Hoyer,
Johnson,
Jones,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lent,
Martin,
McConuell,
McKinuey,
Mellett,
Miller,
awrence,North,
Odle,
Ogden,
Peed,
Prentiss,
Reeves,
Richardson,
Riggs,
Schmuck,
Scott,
Shirley,
Shutt,
Spellman,
Strange,
Teeter,
Tingley,
Thompson, of Elkhart^
Thompson, of Spencer^
Trtnitman,
Tulley,
Walker,
Wessner,
Whitworth,
Wilson, of Blackford,
Willson, of Ripley,
Wood,
Woodard,
Wolflin,
Woollen,
Wynn,
Mr. Speaker— 74.
Those who voted in the negative xoere, Messrs.
Anderson,
Bowser,
Buskirk,
Cowgill,
Eaton,
So the 1)111 passed.
Givan,
Heller,
Isenhower,
Pfrimraer,
Reno,
Rudder,
Rumsey,
Smith,
Stanley,
Willard— 15.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
294
The follov/ing message was receivevl rro.'u the Senate, by the Secre-
tary thereof:
Mr. SrEAKER:
I am directed by the Senate to inform the House that the Senate
has passed the following Engrossed House Bill, to wit :
Engrossed House Bill No. 22. A bill to amend the first section
and the title of on act approved March 4th, 1865, entitled ''An act
providing for the completion of unfinished business of any session of
the General Assembly by the next succeeding special session of the
General Assembly," and the same is herewith returned to the
House. '
Tlie following message was received from the Senate, by the Secre-
tary thereof:
Mr. Speaker :
I am directed by the Senate to inform the House that the Senate
has passed the following concurrent resolution, to wit :
Whereas, At the last session of the General Assembly of the
State of Illinois, the Legislature of that State passed a joint resolu-
tion directing the Canal Commissioners to remove the Feeder Dam
at Blue Island, in that State ; and
Whereas, On the attempt of said Commissioners to carry out
the order of the Legislature in this particular, an injunction was
served on them restraining them from so doing ; and
Whereas, Xothing definite has been done in the matter by the
authorities of Illinois, and that the inhabitants of the Counties of
Lake and Porter, in this State, are suffering great inconvenience and
loss, both in lands and health, causetl by the overflow of thousands
of acres of valuable lands in said counties.
Therefore, be it Resolved by the Senate, (the House of Representa-
tives concurring therein,) that the Attorney General of the State be,
and he is hereby directed to repair at once to Chicago or such point
where the court is held which issued said injunction, and iearu the
295
•sxact grounds on which such injunction is passed, and to see what
prospect exists for the speedy removal of said nuisance, and report to
ihe General Assembly at the earliest possible opportunity.
In which the concurrence of the House is respectfully requested.
The Senate concurrent resolution in relation to the injunction
.granted against the canal commisioners of the State of Illinois,
now pending in said State in the matter of the removal of the
Feeder Dam at Blue Island, in said State, was taken from the
■Speaker's table and
On motion \vas concurred in.
Mr. Bowser oftered the following resolution.
Whereas, At the last session of this assembly, there was referred
to the committee on claims, the claims of Robert S. Taylor mem-
ber from Allen county for expenses incurred by him in defend-
ing his seat against the contest against William B, Watters, upon
which claim the committee failed to act, therefore
Resolved, That the committee on claims be directed to inquire
whether any allowance should be made to said Taylor, and if so what
it should be, and report to the House.
Which was adopted, and referred to the committi^e on claims.
Mr. Hardesty was granted indefinite leave of absence.
Mr. Wesner introduced
House Bill Xo. 169. An act to amend section one of an act entitled
^'An act to amend section one of an act entitled 'An act to amend
section forty-three (43) of an act entitled "An act providing for the
. settlement of decedent's estates, prescribing the rights, liabilities
and duties of officers connected with the management thereof, and
the heirs thereto, and certain forms to be used in such settlement"
approved July 17, 1852,' approved February 19, 1869," and which
read as follows: approved Februiary 8, 1871.
Which was read a first time and refered to the committee on the
judiciary.
296
Mr. Brett introduced
House Bill No. 170. An act to amend sections 154 and 664, of
an act entitled "An act to revise, simplify and abridge the rules,
practice, pleadings and forms in civil cases in the courts of this
State, to abolish district forms of action at law, and to provide for
for the administration of justice in a uniform mode ot pleading and
practice without distinction between law and equity," approved June
18, 1852.
Which was read a first time, and referred to the committee on the
judiciary,
Mr. Givan introduced
House Bill No. 171. An act prescribing the manner of selecting
petit jurors for the Circuit and Common Pleas Courts.
Which was read a first time aud referred to the committee on the
judiciary.
Mr. Shutt presented the claim of Henry Coleman for services.
Which was referred to the committee on claims.
Mr. Broaddus introduced
House Bill No. 172. A bill to fix the time of holding the term*
of the Common PJeas Court in the several counties comprising the
Sixth Judicial District, the duration of such terms and repealing all
laws in conflict therewith.
Which bill was read a first time, and
On motion, was referred to the following select committees :
Messrs. Broaddus, chairman, Baxter, Walker and Goble.
By unanimous consent of the House, the committee on education
was allowed a clerk.
Mr. VV^illiard introduced
House Bill No. 173. An act to prevent empericism aud to elevate
the standard of the medical profession establishing a board of
examining physicians, declaring their fees in certain cases providing
for the granting of licenses by them establishing penalties for the
practice of medicine without license, and repealing all other acts
and parts of acts in conflict with this act.
Which was read a first time and referred to the committee on
rights and privileges,
Mr. Baker introduced
House Bill No. 174. An act to amend section 32 of an act,
entitled " An act to repeal all general laws now in force for the
incorporation of cities and to provide for the incorporation of cities^
prescribing their powers and rights, and the manner in which they
shall exercise the same and to regulate such other matters asproperly
pertain thereto," approved March 14, 1867.
Which was read a first time and referred to the committee ou
cities and towns.
Mr. Iseuhower introduced
House Bill No. 175. An act in relation to mortgages of real
estate and the recording thereof, and to repeal all laws and parts of
laws inconsistent with the provisions of this act.
Which was read a first time and referred to tlie committee on the
judiciary.
Mr. Hedrick presented petitions from sundry citizens of Henry
county on the subject of temperance.
Which was referred to the committee on temperance.
Mr. Furnas presented petitions from sundry citizens of Hendricks
county on the subject of temperance.
W^hich was referred to thecomraittee on temperance.
Mr. Miller presented petitions from the Grand Jury and sundry
citizens of Decatur County on the subject of temperance.
V/hicli was referred to the committee on temperance.
298
]Mi". Eran'haiu iiitTOcluced
House Bill No. 176. A bill to prevent extortionate charges for,
and unjust discrimination in the transportation of freights by rail-
road companies and other common carriers, and to provide a remedy
when such extortion or discrimination are practiced.
Which was rea'l a first time, and referred to the committee on the
judiciary.
Mr. Willson. of Ripley, introduced
House Bill No. 177. An act fixing the time of holding courts
in the several counties composing; the first judicial circuit of this
State, and rcjioaling all laws conflicting herewith, and declaring an
emergtiKT-
Which -was read a first time, and referred to the committee on the
■organization of courts.
Mr. Willson, of Ripley, introduced
House Bill No. 178. An act to amend section one of an act enti-
tled: an act to amend section seventy-seven of an act entitled : an
act to revise, simplify, and abridge the rules, practice, pleadings,
and forms in criminal actions in the courts of this State; approved
June 17, 1852; approved December 20, 1865.
Which was read a first time, and referred to tlie committee on the
judiciary.
Mr. Willson, of Ripley, introduced
Hotisc Bill No. 179. An act to amend section one of an act to
revise, simplify, and abridge rules of practice, ideadicgs, and forms
in civil cases in the conrts of this State ; to abolish distinct forms of
actions at law, and to provide for the administration of justice in a
uniform mode of pleading and practice, without distinction between
law and cipiity, approved June 18^ 1852; approved February 2,
1855.
Whicli was read a first time, and referrctl to the c numittee on the
judiciai-y.
299
Mr. Wood introduced
Hoi.se Bill jS"o. 180. An act abolisliing the Grand Jury system,
except as therein provided, and prescribing the duties of Prosecuting
Attorneys apd Justices of tlie Peace, and other examining courts, in
criminal cases.
Which was read a first time, and referred to the committee on the
-organization of courts.
Mr. Teter offered the following :
Joint Resolution Ko. 7. A joint resolution in relation to an
appropriation by Congress for the completion of the harbor at
Michigan City :
Be it Resolved by the General Assembly of the State of Indiana,
That our Senators in Congress be and they are hereby instructed and
our Representatives requested to use all honorable means to secure
an appropriation of money by Congress to complete the harbor at
Michigan City.
Resolved, That His Excellency the Governor be requested to trans-
mit a copy of the foregoing resolution to each of our Senators and
Representatives in Congress.
M'hich M'as read and ordered to be engrossed.
The question being, shall the joint resolution pass?
Those who voted in the affirmative ivere, Messrs.
Anderson, Cobb, Glasgow,
Baker, Crumpacker, Glazebrook,
Blocher, Dial, Goble
Bowser, Durham, Goudie,
Bran ham, Eaton, Plardesty,
Buskii'k, Edwards, of Lawrence, Hatch,
Cauthorn, Furnas, Pledrick,
Clark, Gifford, Heller,
Claypool, Givan, Hollingsv/orth,
300
Hoyer,
Pfrimmer,
Tingley,
Isenbower,
Prentiss,
Thompson, of Spencer,
Jones,
Reeves,
Thompson, of Elkhart^.
Kimball,
Reno,
Troutman,
King,
Richardson,
Tulley,
Kirkpatrick,
Rudder,
Wesner,
Lenfesty,
Rumsey,
Whitworth,
Lent,
Schmuck,
Wilson, of Blackford^
Martin,
Scott,
Willson, of Ripley,
McConnell,
Shirley,
Wood,
Miller,
Schutt,
Woodard,
North,
Spellman,
Wolflin,
Odle,
Stanley,
Woollen,
Ogden,
Strange,
Mr. Speaker — 71.
Peed,
Teter,
Mr. Gronendyke voting in the negative.
So the joint resolution passed.
The question being, shall the title as read stand as the title of the
joint resolution ?
It was so ordered.
Mr. Kimball introduced
House Bill No. 181. An act in relation to the funded debt of the
State of Indiana, therein mentioned.
Which was read a first time and referred to the committee on ways-
and means.
Mr. Glazebrook introduced
House Bill No. 182. An act defining the procuring of abortion
or murder, as the case may be, prescribing punishment therefor, and
repealing all laws conflicting with the same.
Which was read a first time, and referred to the committee on the
judiciary.
301
Mr. Hardesty introduced
House Bill No. 183. An act to divide the State into congres-
sional districts.
"Which was read a first time and referred to the committee on
elections.
On motion of Mr. Blocher,
The House adjourned until to-morrow morning at 9 o'clock.
302
FRIDAY MORNING.
December 6, 1872, 9 o'clock.
The House met pursuant to adjournment with the Speaker in the
chair.
Prayer was offered by Rev. Mr. Chandler, of the North Baptist
Church, of Indianapolis.
The Journal of yesterday was read in part, when,
On motion.
The further reading of the same was dispensed with.
Mr. Kimball, chairman of the committee on ways and meanSj.
submltteed the following majority report:
Mr. Speaker :
The committee on ways and means, to Avhum was referred House-
Bill No. 129, to protect the Wabash and Erie canal, and the tolls
and revenues thereof from sale or sequestration, for the satisfaction
of the lien of certain bonds or stocks, etc., have had the same under
consideration, and beg leave to make the following report :
The State broke down under the internal inaprovement system of
1836, without having completed or rendered productive a single one
of her public works.
In 1841, she, from necessity, and not from choice, suspended the
payment of interest on her public debt, and from that time until the
adjustment made with a portion of her creditors in 1847, no interest
was paid. At the time ©f this suspension, she owed over eleven
million of dollars, or about 10 per cent, of all her taxable property.
303
Prior to the meeting of tlie Legialature in December, 1845, Mr.
Charles Butler, of New York, by a speech made at Terre Haute,
and by iie\\>ipaper publications, caused it to be made known to the
people of the State, that he \vt)uld, as the agent of some of the prin-
cipal foreign oredit(jrs of the State, meet the General Assembly at
its next session, with a view of proposing such terms, and effecting
such an arrangement as would place the debt u[)on a footing that
would enable the State to resume payment on such part of the debt
as might, by the adjustment, be charged upon the treasury of the
State.
In the speech and nevrspaper articles alluded to, it was distinctly
intimated by ^Ir. Butler, that his clients or constituents, would be
willing to take some of the State's public works tor a part of the
debt if the State would issue new bonds or stocks for the balance,,
and resume the interest thereon.
Mr. Butler did present himself before the Legislature whicli met
in December, 1845, and as the agent of a portion of the creditors
of the State, opened negotiations with that body. The result was
the passage of first State debt adjustment bill, approved January
19th, 1846, entitled " An act to pi-ovide for the funded debt of the
State of Indiana, and for the completion of the Wabash and Erie
Canal to Evansville."
The substance of this act, briefly stated was, that the entire bonded
debt of the State Avhich then, including accrued interest, amounted
to nearly $13,000,000, should be divided into two equal parts, and
that one-half or part should be charged exclusively upon the
Wabash and Erie canal, and the other half upon tlie State, that
Dew interest bearing canal stocks should be issued for the first
named half, chargeable exclusively upon the canal, and payable
exclusively out of the revenues of the canal and the sales of some
800,000 acres of canal lands then owned by the State, and for the
payment ol these canal stocks, the State was in no way to be liable ;
that for the second half of the debt, new interest bearing State
gtocks, were to be issued, payable at the pleasure of the State, after
the pxpiration of twenty years, and for the payment of the interest
and the redemption of the principal of which, the faith of the State
"was to be pledged.
Mr. Butler, after the passage of this bill, took a copy of it to Lon-
don, and laid it before a meeting of the holders of a considerable
portion of our bonds, resident in that city.
The measure was fully discussed by these London bondholders,
304
and the result was that they drew up, or caused to be prejjared,
numerous amendments to the bill, which they entrusted to Mr.
Butler with directions to submit them to the General Assembly of
Indiana, which should meet in December, 1846, and endeavor to
have them incorpornted into a supplemental bill. Mr. Butler
appeared again betore the last-mentioned Legislature with the
proposed amendments, and they were incorporated substantially as
proposed in the supplementary bill approved January 27, 1847.
The main features of this bill are similar to the first bill already
described. It funded the accrued interest and divided this interest
into two equal parts, and for one of these halves it provided for the
issuing of canal stocks bearing two and a half per cent, interest,
and payable, as to both principal and interest, exclusively out of the
revenues of the canal and the proceeds of the canal lands before
mentioned. For the other half of this funded interest, the bill pro-
vided for the issuing of State stocks bearing two and a half per
cent, interest, payable at the pleasure of the State after the expira-
tion of twenty years, and pledged the faith of the State for the
payment of these last-named stocks, principal and interest.
As to the principal of the debt, the supplementary bill of January
27th, 1847, also provided that it should be divided into two equal
halves or parts; that for one of these halves or parts of such prin-
cipal, canal stocks should be issued bearing five per cent, interest, to
be charged upon and payable exclusively out of the revenues of the
canal and the proceeds of the sales of the canal lands before
mentioned, and for which the State was in no wise to be liable.
As to the other half of the principal, the supplementary bill
provided that new certificates of State stock, bearing five per cent,
interest, shoulol be issued, payable at the pleasure of the State after
the expiration of twenty years, and for the payment ot these the
faith of the State was to be pledged. The two and a half and five
per cent. State stocks, both as to principal and interest, were to be
made payable in the city of New York.
As the success of the measure depended on the voluntary surrender
by the creditors, of the old bonds and the taking in lieu thereof of
new canal stocks for one-half, and new State stocks for the other
half, of each certificate of stock or bond thus surrendered, and as
the State could not compel any of her creditors thus to surrender,
the seventh section of the act required that bonds to the amount of
not less than §4,000,000 of principal, exclusive of interest, should
be surrendered on or before the first day of July, 1847, and the last
no5
clause of the 9th section provided that a failure to surrender that
amount by that time should render the original act and the supple-
mentary act, null and void The 9th section of the supplementary
act also provided that whenever bonds to the amount of |5, 545, 000
exclusive of interest, should be surrendered, then the Governor
should convey to the Canal Trustees, the canal and the canal lauds
and the tolls and revenues of the canal by deed. Four millious of
bonds were surrendered before the first day of July, 1847, and during
the same month the amount was incresed to ^5,545,000, and the
canal and its lands, tolls, revenues, etc., were conveyed by Governor
Whitcoinb, in pursuance of said supplementary act, to the Trustees
of the Canal, by whom it has ever since been held, and is still held
under said acts.
From year to year since the taking effect of said adjustment until
within a few years, other old bonds of the State have been surren-
dered under these adjustment acts, and new canal stocks for one-half
•and new State stocks for the other half of the bonds thus surren-
dered, have, from time to time, been issued. Of course every such
surrender decreased the number of old bonds outstanding, but
increased correspondingly tlie canal stocks and State stocks issued
under these adjustment acts of 1846 and 1847.
I'he number of old bonds still outstanding was, two years or more
ago, reduced to one hundred and ninety-one (191), and since then
there have been no offers to surrender any of these still outstandina:.
and it is almost certain that no more of the one hundred and ninety-
one still out will be surrendered under the provisions of these
adjusiment acts.
Of these one hundred and ninety-one old bonds still unsurren-
rendered, it is now ascertained that seventy-seven of them were
issued under the act of January 27, 1836, entitled "An act to pro-
vide for a general system of internal improvements," the ninth
section of which made the bonds issued under that act a lien on the
Wabash and Erie Canal and all other public works of the State. It
is also ascertained that seventy-seven other of the one hundred and
ninety-one bonds still out, were issued under acts of 1835, 1838 and
1839, which did not create the bonds thus issued a lien.
As to the remaining thirty-seven of the one hundred and ninety-
one bonds still out, it is not known under what act or acts they were
issued, or whether they are not a lien on the canal. If it should
turn out that they v/ere all issued under the act of January 27,
H. J.— 20
3C(3
18ZQ, tlitn tliey are jr lion on the canal, and the number of bonds
included in the lien would l)e increased from seventv-seven to one
hundred and fourteen.
Of the seventy-seven which are known to have been issued under
the act of January 27, 18^6, and are therefore lien, Mr. John W.
Garrett owns forty. He also owns one bond issued under the act of
January 12, 18-39, which is not, I think, a lien on the canal. Mr.
Garrett commenced a suit against the Trustees of the Wabash and
Erie Canal, which is now pending in the Cass Circuit Court;
to enforce this lien by a sale of the canal, or a sequestration of its
revenues. A decree has already been rendered in his favor, and the
27th day of the present month has been desia;nated as the day v/hen
a sequestrator shall take possession of the canal, if the matter is not
sooner adjusted, and oust the Trustees. The suit is brought by
Garrett for the benefit of all who hold bonds of the State that are a
lien on the canal, and the holders of ten other bonds, issued under
the act of January 27, 1836, have come in under Garrett's proceed-
ing, and proved their bands, so that there are now fifty proved in
the action that are a lion on the canal. We estimate that it would
require about $200,000 to take up these fifty bonds, paying princi-
pal, interest, and exchange.
No interest has been paid on any of them since January, 1841,
and as they are all coupon bonds, and the courts have frequently
decided that the coupons b(\ir interest from their maturity, the debt
increases in araovmt very fast. If the remainder of the S'oventy
seven bonds that are known to be a lien should be presented and
proved, it would require some |310,000 to take up the whole seventy-
seven bonds known to be a lien.
Of the other seventy-seven which are known not to be a lien, the
government of the United States owns sixty-seven. The interest
on this sixty-seven was settled up to July, 1868, and the principal
is'not due for several years to come. I'he government also holds two
other bonds, is.sued under the acts of 1836, which are a. lien on the
canal, and upon which the interest has been paid up to July, 1868,
the principal not being due. The question is, ought we to pay these
old bonds? We think we ought to pay them.
First. 'Because the State agreed to pay chem.
f^'eol j;d. Because she is able to pay them.
Third. Because if w^- lail to pay them, the canal will, in spite of
•uSj be subjected to the payment of such of them as are a lien on it,
and the tni.st will be destroyed, and then tlie holders of the canal
stock will present theniselve.-i to the State, saying, the cann.1 you gave
u^ in satisfaction of onedialf of our original debt, wus taken from
us to satisfy a prior lien created by the State, and the State authori-
ties stood by and periaitted this to be done, when they had the
power to prevent it. And the demand will then be, that the State
shall pay the entire canal d.ebt, because it perniitied the cannl to be
sold to pay its own debt. We know we are told, that if we pay
these old bonds, such jjaynient will make us liable for the canal debt.
The holders of the canal debt are shrewd business men, and
they have certainly tried their best to get the State to assume the
canal debt. If any thing will make the State liable for the canal
debt, that is the very thing the holders of that, debt desire to occur.
If the pa3nnent ot tbe.se old bonds would make the State liable for
the canal debt, then the holders of the can il debt would be in favor
of their payment, but, instead of this, we find the holders of the
canal debt coming here through their agent', and presenting pro-
tests to both Houses of this General Assembly against the payment
of these old bonds. We are of the opinion that this is the best of
evidence of the fact that Garrett's suit is pr isectited for the benefit
of the holders of the canal debt, and that they want the canal sold,
so that they may come upi>n the State for the payment oi" the debt
for which they took it.
In further support of the action of the committee-, we respectfully
refer to the opinion of Messrs. Hendricks, Hord & Flendricks, ia
relation thereto, and quote as follows :
"All these bonds were comprehended within the provisions of the
legislation known as the Sutler Bill, and might have been, but were
not, surrendered under lis provision. »
"A proviso to the eighth .section of the aut of 1847, supplementary
to the original Butler Eill, is as follows :
" ^Provided, further, That the State will i.nake no provision what-
ever hereafter to pay either principal or interest of any Inteiaial Im-
provement bond or bonds until the holder or holders thereof shall
have first surrendered said bonds to the Agent of State, and shall
have received ia lieu thei'eof certificates of stock, as provided in the
first section of this act, anything in this act to the contrary notwith-
standing.
" If this proviso is understood as a legislative determination that
any bondholder who declined to accept the compen.sation should be
paid nothing, it is manifestly obnoxious to the provision of section
308
&ne, article ten, of the Constitution of the United States, which
provides that no State shall pass any expost facto law or laws, im-
pairing the obligation of contracts.
" The bondholders held the obligations of the State, redeemable in
lawful money of the United States. It was not competent for the
State to determine by law that it would redeem those obligations by
paying one-half in its own five per cent, stocks, and the other half
in canal stocks. It had no more legal or moral right to do this than
to determine that it would pay nothing. It could do either with the
assent of its creditors. Without such assent it could do neither."
^ ^Ic :'<; ;'< >'< >k ^ >{; ^< ;'< :^ :^
That all such unsurrendered bonds remain valid obligations
against the State, noth withstanding any declaration to the contrary
by the Legislature, is settled by the Supreme Court of the United
States, the Court of last resort in such questions.
So far, therefore, as concerns those unsurrendered bonds referred
to, held by parties v.dio declined to become parties in the Butler ad-
justment of 1816-7, we think it very clear that they are valid legal
demands against the State, and that it is the manifest duty of the
State to recognize them as such, and to provide for their payment.
As suggested already, the payment of these bonds can not be
enforced by direct legal proceedings against the State. But as the
holders of the bonds have a lien to secure their payment on prop-
erty once owned by the State, but now owned by private persons
and corporations, claiming under grants made by the State, the pay-
ment may be coerced by legal proceedings against the present
owners of the property to foreclose the lien.
The case of the Trustees of the Wabash and Erie Canal vs. Beers
established the right of the bondholders thus to j)roceed.
All those unfinished public works were disposed of by the State,
for what was deemed by the Legislature, an adequate consideration.
In no case was the assumption of the payment of those bonds, or
any portion of them, a part of that consideration. The works were
not sold subject to any lien on account of this indebtedness. The
present owners of those several public works are under no more
moral or legal obligation to pay those bonds than they are to pay
any other debt of the State. They are liable as other citizens are to
pay their proportion of taxes for that purpose, and there their moral
and legal duty in the premises ends.
There is clearly no more justice in permitting this property in
their bauds to be dold for the payment of this debt, than there would
309
be in confisoating any other private property of theirs for the pay-
ment of this or any other debt of the State.
If the State should ar])itrari]y refuse payment of these bonds to
the holders, and should permit the Wabash and Erie Canal and the
other canals and roads covered by the lien to be sold under judicial
proceedini»;s to satisfy the debt, without making full and just com-
pensation to the owners of the works so sold, it certainly would be
justly charged with violation of good faith.
If, out of the proceeds of such sales, the bonds should be satisfiedy
the liability of the State would not be at an end.
It would only assume a new, and probably, more serious form.
The owners of the respective canals and roads so sold would imme-
diately have a claim against the State, the justice of which would be
too manifest to be denied.
The attitude of the owners of the stock of the Wabash and Erie
Canal towards the State is such, that if that canal should be sold
upon this Hen, most serious embarrassments must result. It is
understood that the owners of that canal stock desire that the State
should resume the ownership of the canal, and re-assume the indebt-
edness adjusted under the Butler Compromise, and that they claim
this as a legal or a moral right.
This question has not thus far been considered either in the legis-
lative or judicial departments of the State Government. But it is
understood that many citizens wholly controvert the claim, and
that a contest over the question, either in the legislative or in the
judicial forum, is iramiiient.
If the canal, or either division of it, should be sold upon both
or either of the liens referred to, to satisfy the outstanding bonds of
the State, and if the creditors who had taken the canal in compro-
mise of their debts, should thereupon demand a recission of the
compromise agreement, and that they be let in again as creditors,
their demand would be entitled to serious consideration.
If they should urge that their bonds that had been surrendered by
them to the State in exchange for the canal should be restored to
them because the State had suffered the pi'operty to be sold and taken
from them for the payment of its own debt to other persons, the
argument would, to say the least of it, be plausible. And it seems
not improbable that if the canal should be sold and taken from the
possession of its present owners under the lien created by the State
in 1836, and prior thereto, for a debt which it has neither paid nor
adjusted, the chiim for a resumption of that part of her debt which
310
was i.u]ju.sted umier iluiBulJer coinproiiiise \\ouldgrow in importance
and gain .stnmgth, and in the judgment of the people become j^rac-
tically settled in advance against the State, f!)r it would be difficult,
if not iui possible, to say that the parties to that settlement should
have neither their bonds nor the property which tliey agreed to
receive in their discharge.
And in further support of the conclusion of the committee as to
the liability of the State to pay these old bonds, and why she should
pay them, we refer to section twenty-two of an act supplementary
to "^An act to provide for the funded debt of the State of Indiana,"
etc., approved January 27, 1847, as follows:
'' Section 22. The debt which it is the object of the trust created
by the said recited act (as amended by this act) to liquidate as in the
said act is mentioned, having been contracted under the authority of
the State of Indiana, and for the service of the people of that State,
and it being desirable, as well for the credit of the State as also in
order to establish confidence in t!ie public in general, and the sub-
scribers in particular, to secui'e the utmost punctuality in the
fullillment of the objects of said trust, it is hereby declared that
tolls and revenues of the said cnna!, present and future, and the
lands and lots so conveyed, or intended to 'oe conveyed ar herein-
before mentioned, and the proceeds thereof wlien sold, shall be, and
the same are hereby specially pledged to form a distinct and par-
ticular fund for the redemption of the stock and ceruficates to be
issued in pursuance of tie said recited act, and of this act. uind
tlc2 Stild i^iak ahull not direct, or permit any appropriation to be made
of such tolls and revenues, lands and. proccds, or any of them, for
the general purposes of the State, or otherwise, hotvever, other than
and except for the purpose of the said trust as directed by the said
act (as amended by this act), until the said stock and certificates, and
all interest thereon, shall have been fully paid and satisfied out of
the tolls and revenuet. of said canal, or the State shall have redeemed
taid stock and certificates by the payment of the principal thereof;
the right of doing v/hich after twenty years from the nineteenth day
Cif Jauuar} , 184G, is hereby reserved by the State as provided in
the act to which this is an amcu;iment."
Therefore, the committee, or a majority thereof, beg leave to
recoiameud, and urge, the passage of the bill.
NATHAN KIMBALL,
D. C. BRANHAM,
BENJ. F. TINGLEY,
JOHN GRONENDYKE.
Mr. Willurd, from the committee on ways anrl means, submitted
the following minority report:
Mr. Speaker:
The Committee of Ways and Means, on the part of the minority
of said committee, beg leave to report that they have had under con-
sideration House Bill No. 119, entitled "A bill to protect the
Wabash and Erie Canal and the tolls and revenues thereof from
sale or sequestration for the satisfaction of the lien of certain bonds
or stocks of the State, issued prior to the transfer of said canal to
the present Board of Trustees thereof, and to provide for the satis-
faction of said bonds or stocks," and concur iu making the follow-
ing report :
First. That whereas an act approved January 27, 1847, entitled
'* Au act supplementary to an act to pi'ovide for the funded debt of
tlie State oi Indiana, and for the completion of the Wabash and
Erie Canal to Evansville, approved January 19, 1846," contained
this proviso : " That the State will make no provision whatever here-
after to pay either principal or interest on any internal improvement
bond or bonds until the holder or holders thereof shall have first
surrendered said bonds to tlie Agent of State, and shall have received
in lieu thereof certificates uf stock, as provided iu the first section
of this act, anything in this act to the contrary notwithstanding."
And we, the minority of ytnir committee, believe that said provisa
of the act of 1847, commonly known as the Butler Bill, was either
valid or void. That, if valid, then this claim of Garrett and others
against the Trustees of the Wabash and Erie Canal can not in any-
way effect the State of Indiana, and that the State is in no way
responsible for the payment of said claim, as the holders of said
claim have not complied with the conditions precedent of said act.
And further, we of the minority of said Committee of Ways and
Means are of the opinion that, by the passage of the present bill
now under consideration, we, the General Assembly of the State of
Indiana, will practically pass a bill rendering null the proviso afore-
said ol' the act of 1847, commonly known as the Butler Bill, which
declared "that the State will make no provision whatever herealter
to pay either principal or interest on any internal improvement bond
or bonds until the holder or holders thereof shall have first surren-
dered Slid bonds to the Agent of State, and shall have received ia
lieu thereof certificates of stock, as provided in the first section
of this act, anything in this act to the contrary notwithstanding,'*
and thereby rendering it questionable whether the holders of the
bonds who surrendered them for certificates of stock in the Wabash
and Erie Canal might not be entitled to claim that the original lia-
bility of the State previous to the passage of the act of 1847, afore-
said, and previous to the issue of the said stock, was revived, thus leav-
ing in doubt the question as to whether the State is not liable for,
and bound in honor to pay, the bonds surrendered as aforesaid
under the provisions of said act of 1847, in lieu of canal stock
amounting to over seven millions of dollars.
Second. That whereas it was provided by the said act of 1847, com-
monly known as the Butler Bill, "that unless bonds to the amount of
four millions of dollars, exclusive of interest, shall be surrendered for
cancellation as provided in said original act as modified by this, on or
before the first day of July, 1847, then, and in that case, the said
former act, and this act and every clause, proviso, matter and thing
therein and herein respectively contained, shall cease, determine and
be utterly void." Therefore, we of the minority of your committee
concur in the belief that the holders of the bonds exchanged them
for canal stock, with the knowledge that there were bonds still out-
standing which might become a lien on said canal; that, therefore
the State did not agree to save harmless the Trustees of said canal,
and il.o buiiciiciaries holding under them from the said lien of the •
bonds unsurrendered as aforesaid, and that therefore we of the
minority beg leave to express great doubt as to whether the State
can, in any event, be made liable to the Tritstees of the canal for
any loss they may sustain by reason of such lien enforced against
them by Garrett and others.
Third. That, whereas, the unsurrendered bonds amount in all to
the sum of $191,000 in bonds, with interest thereon unpaid for the
period of thirty-one years, amounting in all to the siun of over one-
half millions of dollars, and that of these one hundred and ninety-
one bonds as aforesaid, only forty- three are now to be satisfied by
thejudgment rendered in the Circuit Court of Cass county. That,,
therefore, we of the minority of your committee are of the opinion
that, in whatever light we may rt'gard the liability of the State for
this claim, that under no circumsl:ances should provision be made
for the payment of more than the said forty-three bonds held by
313
Garrett and others, payment of which is now ordered by the judg-
ment as aforesaid.
Fourth. That whereas grave doubt has been expressed as to-
whether the Trustees oi' the Wabash and Erie Canal have complied
with the provisions of the act of 1847, known as the Butler Bill, in
regard to the completion and improvement of said canal. That
therefore, in whatever light we may regard the liability ol the State^
for this claim of Garrett and others, that the State should under no
circumstances assume the payment of said claim until fully satisfied
that the Trustees of said canal have complied wtth the provisions
of the act aforesaid.
Fifth. That whereas under the provisions of this act now under
consideration, the State may be made a party to innumerable suits,
and be forced into the payment of judgments amounting, as it is
claimed, to many millions of dollars, that we the minority of your
committee concur in believing that this provision of the bill is
fraught with the greatest danger to the State and her interests, and
that had we concurred with the majority of the committee as
regards that portion of the bill providing for the redemption of
said bonds, now held by Garrett and others, yet even in that case
we would have protested under the gravest apprehension, against
those provisions of the bill, allowing the State to be made a party
to such suits and vesting discretionary power in the officers men-
tioned in the bill. Therefore, in view of these fact above mentioned
w^e of the minority of your committee of ways and means, beg
leave respectfully to recommend that House Bill No. 129, lie upon
the table.
JAMES IT. WILLARD.
HENRY A. PEEL.
M. L. BRETT.
Which bill was read a second time.
Mr. Cauthorn offered the following resolution :
Resolved, That the report of the committee of ways and means on
House Bill No. 129, and the report of the minority thereof, do lie on
the table, and five hundred copies thereof be printed for the use of
the House, and the consideration thereof be made the special order
314 ■
for Tuesdny nexh, oi> the meeting of the House, after reading the
journal.
Which was adopted.
The foHovving message was received from the Guveruor, by his
private secretary, John M. Commons :
Mr. Speakeji :
By direction of the Governor, I have the honor to transmit here-
with a communication in relation to the two per cent, fund of the
States of Ohio, Indiana, and Illinois.
JOHX M. CO.MMOXS,
Private Secretary.
Gentlemen of the Senate and House of Hepresentailves :
I beg leave respectfully to call your attention to the fact that the
States of Ohio, Indiana and Illinois only received from the General
Government three per cent, of the net proceeds of the sales of public
lands within their respective limits ; while other States having public
lands within their borders received five per cent, of the net proceeds
of the sales thereof A bill is now pending in Congress to put Ohio,
Indiana and Illinois on an equality with the other States before
alluded to, by paying to the said three States respectively, the re-
maining two per cent, of the sales of the public lands within their
respective limits aforesaid. Should the bill pass, the amount payable
to this State will exceed $400,000 ; and believing that the claim is
just, I respectfully recommend the passage of a joint resolution
instructing our Senators and requesting our Representatives to cast
their votes and use their influence in favor of its passage.
Hon. Isaac W. Morris, of Illinois, has been engaged in the presen-
tation of the claims to Congress on behalf of the three States inter-
ested therein, and I have caused a pamphlet, of which lie is the
author, in which the merits of the claims are disctissed, to be laid on
-the desks of the members of both Houses of the General Assembly.
Mr. Morris is to receive no compensation from this State for his
services unless he is successful in securing the claims; and if he shall
be successful, he is to receive such compensation, and only such as
the General Assembly may see proper to allow.
CONRAD BAKER,
Governor.
315
Mr. Walker, chairman of the committee on the judiciary, submit-
ted the following report :
Mr. Speaker:
Your committee on the judiciary to whom was referred House
Bill No. 62, entitled "An act limiting the disposition of property
by last will and testament in certain cases, and providing to what
extent certain testamentary devises shall be valid and repealing all
other acts and parts of acts inconsistent with this act," have had the
■ssixno under considex^ation and have directed me to report the same
back to the House with the recommendation that the same lie on the
table.
Mr. Cauthorn, from the committee on the judiciary, submitted the
following minority report :
Mr. Speaker:
Your committee on the judiciary, to whom was referred House Bill
No. 62, entitled ''An act limiting the disposition of property by
•last will and testament in certain cases, and providing to what extent
certain testamentary devises shall be valid and repealing all other
acts and parts of acts inconsistent with this act," having recom-
mended that the same lie on the table. We, a minority of said
<^omaiittee deeming the provisions of said proposed act of public
propriety, beg leave to recommend to the House the passage of the
bill, with an amendment inserting the words, " in trust or other-
wise," after the words "society, association or corporation."
On motion,
The minority report was not adopted.
On motion,
The majority report was concurred in, and the bill was read a
eecond time.
Mr. Mtllett, chairman of the committee on education, submitted
the following report:
316
Me. Speaker:
Your committee on education, to whom was referred House Bill'
No. 138, having had the same under advisement, recommend that the
words, "on all property owned by said person in the township
where such city or town is located,'^ be inserted after the word
" town," in the eighth line from the last line of the first section of
said bill, and with this amendment recommend it passage.
Which report was concurred in, the amendment adopted, the bill
read a second time and ordered to be en grossed.
Mr. Billingsley, from the committee on education, reported back
to the House the memorial from the State Normal School, and
moved that the same lie on the table, and that three hundred copies
be printed for the use of the members of the House.
Which motion was not adopted.
Mr. Furnas, chairman of the committee on agriculture, submitted
the following rejiort :
Me. Speaker:
Your committee on agriculture to whom was referred House, Bill
No. 140, being a bill to repeal all laws for the protection of fish,
have had the same under consideration, and respectfully recommend
that it be indefinitely postponed.
Which report was concurred in, and the bill was indefinitely
postponed.
Mr. Gifford, chairman of the committee on cities and towns,
submitted the following re])ort :
Mr. Speaker:
The committee to whom was referred House Bill No. 128, have
had the same under consideration, and have directed me to report
the same back to the House and recommend its passage.
Which report was concurred in, the bill read a second time, and.
ordered to be eng-rossed.
317
Mr. Brett moved to reconsider the vote on the motion of Mr.
Billingsley, in relation to the printing of 300 cojiies of the memorial
<of the State Normal School.
Which i^iotion prevailed.
Mr. Branham moved to lay the memorial on the table, and that
500 copies be printed for the use of the members of this House.
Which motion prevailed,
Mr, Gilford, chairman of the committee on cities and towns
submitted the following report :
Mr. Speaker:
The committee to whom was referred House Bill No. 99, have had
the same under consideration and have instructed me to report said
bill back to the House with the recommendation that it pass.
Mr. Willard offered the following amendment :
Amend first section by inserting " four " in the place of '' ten"
per cent.
Mr. Baker moved to lay the amendment on the table.
Which motion prevailed.
The bill was read a second time, and
On motion,
Recommitted to the committee on cities and towns.
Mr. Jones introduced
House Bill No. 184. An act creating the Thirtieth Judicial Circuit,
providing for the election of a judge thereof, and providing compen-
sation therefor, declaring the jurisdiction of said court, and providing
for a transfer of actions thereto, and declaring an emergency.
Which bill was read a first time and referred to the committee on
the judiciary.
318
Mr. Jones presented a petition of sundry citizens of the town of
Hiuuingburgh, in Dubois county, praying for the passage of a law
legalizing the survey of said town.
Which petition was referred to the committee on cities and towns.
Mr. Peed introduced
House Bill No. 185. An act to legalize the official acts of the
Board of Trustees of the town of Huntingburgh, Dubois county,
Indiana, and all other officers of said corporation, under an act for
the incorporation of towns, defining their powers, providing for th&
election of the officers thereof and declaring their duties, approved
June 11, 1852, and the by-laws, rules, regulations and proceedings
adopted in pursuance thereof.
Which bill was read a first time and referred to the committee on
cities and towns.
Mr. Peed introduced
House Bill No. 186. An act to amend an act, entitled "An act
declaring the having of carnal knowledge of an insane woman in
certain cases, to be a felony, and making accessories principals thereift
and prescribing the punishment thereof."
Which bill was read a first time and referred to the committee on
the judiciary.
Mr. Reeves presented sundry petitions from the citizens of Monroe-
county, on the subject of temperance.
Which was referred to the committee on temperance.
Mr. Satterwhite introduced
House Bill No. 187. An act to prohibit township trustees from
levying a tax upon the inhabitants of incorporated towns, or the real
or personal property of the said inhabitants situate therein, repealing
all laws or parts of laws in conflict therewith, and declaring an
emergency.
Which was read a first time and referred to the committee on
county and township business.
319
Mr. Sattcrwhite off'ered the following resolution :
Vv^HEREAS, As the duties of the Pages, now employed by this
Hoube, is all that should be imposed upon them to attend to the
demands of the members within the bar of the House without having
to attend to any duties outside the bar, and
Whereas. The members have frequent messages to the Post-
office, Secretary of State, Senate, etc.,
Be it resolved, That Eddie Vawter and Charlie Brown, who have
been performing duty as pages for some days, without being regu-
larly appointed, be employed by the Doorkeeper as pages, to do such
duties as arc required outside of the bar, and fully relieve the present
floor ])ages from being sent out when their services are needed in the
House.
On motion of Mr. Kimball,
The time from which said pages should be allowed pay, was fixed
from the first day of the present term.
Whereupon the resolution was adopted.
Mr, Shirley introduced
House Bill No. 188. An act to amend section 433 of an act,
entitled, "An act to revise, simplify the rules, practice, pleadings
and forms in civil cases, in the courts of this State, to abolish distinct
^ornis of action at law, and to provide for the administration of
justice in a uniform mode of pleading and practice, without distinc-
tion between law and equity," approved June 18, 1852.
Which was read a first time, and referred to the committee on the
judiciary.
Mr. Woodard introduced
House Bill No. 189. An act to place directors, and other officers
of macademized and gravel road companies, organized under the
laws of this State, whenever they may have become creditors of such
corporations, on equal terms witl: other creditors in any and all suits
320
for the collection of money due them, and to repeal all laws in con-
flict herewith."
Which was read a first time, and referred to the committee on
corporations.
Mr. Schmuck presented a petition from sundry citizens of Perry
county on the subject of the repeal of the license law.
"Whicli was referred to the committee on temperance.
Mr. Whitwoi'th introduced
House Bill No. 190. An act to amend sections 25 and 26 of an
4ict, entitled, '^An act regulating decedents, and the apportionment
of estates," approved May 14, 1852.
Which was read a first time, and referred to the committee on the
judiciary.
Mr. Hatch introduced
House Bill No. 191. An act defining certain felonies, prescribing
the penalties therefor, repealing all laws in conflict therewith, and
declaring an emergency. ,
Which was read a first time, and referred to the committee on
agriculture.
Mr. Butts introduced
House Bill No. 192. An act to amend section 7 of an act entitled
" An act providing for the election or appointment of supervisors of
highways, and prescribing certain of their duties and those of county
and township officers in relation thereto," and declaring an emer-
gency.
Which was read a first time and referred to the committee on
roads.
Mr. Butts introduced
House Bill No. 193. An act to amend section 2 of an act entitled
" An act to provide for the protection of wild game and defining the
time in which the same may be taken or killed, and prescribing the
321
penalty for the violation of this act, repealing all laws inconsistent
herewith, and declaring an emergency," approved March 11, 1867.
Which was read a first time and referred to the committee on
agriculture.
Mr. Glascow introduced
House Bill No. 194. An act repealing section 18 of an act entitled
^*An act regulating descents and the apportionment of estates,"
approved May 14, 1852, and declaring an emergency.
Which was read a first time and referred to the committee on the
organization of courts.
Mr. Henderson introduced
House Bill No. 195. An act to amend the first section of an act
entitled " An act to incorporate the University of Notre Dame
DuLac, at South Bend, St. Joseph county, Indiana," approved Jan-
uary 15, 1844.
Which was read a first time and referred to the committee on the
judiciary.
Mr. Hollingsworth introduced
House Bill No. 196. An act to prevent injurious results arising
from the use of intoxicating drinks by public officers, and declaring
an emergency.
Which was read a first time and referred to the committee on
temperance.
Mr. Cole introduced
House Bill No. 197. An act regulating the fees of certain officers
herein named, and repealing former acts in relation thereto, and
declaring an emergency.
Which was read a first time and referred to the committee on fee
and salaries,
H. J.— 21
322
Mr. Riggs introduced . ,
House Bill No. 198. A bill to amend the 15tli, 19th, 3ist, and
49th sections of an act approved May 12, 1869, entitled "An act to-
provide for the organization of savings banks and the proper man-
agement of their officers.
Which was read a first time and referred to the committee on banks.
Mr. Rudder introduced
House Bill No. 199. An act concerning the fees of County
Recorders, and to amend an act entitled " An act concerning real
property and the alienation thereof," approved May 6, 1872.
Which was read a first time and referred to the committee on fees
and salaries.
Mr. Branham offered the following joint resolution in relation-
to the subject referred to in the message of the Governor, referring
to the two per cent, claims of Illinois, Indiana, and Ohio, arising
under the contracts between the Government of the United States
and said States :
Joint Resolution No. 8. A joint resolution in relation to the two
per cent claims of Ohio, Indiana and Illinois, now pending before
Congress.
Whereas, There is a bill now pending before the Congress of
the United States in relation to the two per cent claims of the States
aforesaid, the substantial part of which reads as follows :
That the true intent and meaning of the second section of the act
approved March 3d, 1857, entitled " An act to settle certain accounts
between the United States and the States of Mississippi and other
States," is that all the other States, to wit : Ohio, Indiana, Illinois,
which have not received the full amount of their five per cent, of the
net proceeds of the sale of the public lands lying within their
respective limits, as mentioned in their several enabling acts,
in money, shall have their accounts slated, both on the public lands
and reservation, and such cash balance as has not been paid to said
States, allowed and paid, and
323
Whereas, It is the judgment of this General Assembly that the
provisions of the said bill are just and ought to become a law, there-
fore, be it
Resolved, (by the General Assembly of the the State of. Indiana,)
That our Senators in Congress be and they are hereby instructed, and
our Representatives be requested to vote for said bill and use their
influence to procure its speedy passage.
Be it further resolved, That the Governor be, and is hereby
requested to transmit a copy of this joint resolution to each of our
Senators and Representatives in the Congress of the United States.
The joint resolution was read, and,
On motion,
The same was considered as engrossed, and put upon its passage.
The question being, shall the joint resolution pass?
Those who voted in the affirmative were, Messrs.
Anderson,
Cowgill,
Heller,
Baker,
Crumpacker,
Henderson,
Baxter,
Dial,
Hollingsworth
Billingsley,
Durham,
Hoyer,
Blocher,
Eaton,
Isenhower,
Bowser,
Edwards, of Lawrence, Johnson,
Branham,
Ellsworth,
Jones,
Brett,
Eward,
Kimball,
Broaddus,
Furnas,
King,
Buskirk,
Gifford,
Kirkpatrick,
Butterworth,
Givan,
Lenfesty,
Butts,
Glasgow,
Lent,
Cau thorn.
Glazebrook,
Martin,
Clark,
Goble,
Mellett,
Clay pool,
Goudie,
Miller,
Cline,
Gregory,
McConnell,
Cobb,
Gronendyke,
McKinney,
Coffraan,
Hatch,
North,
Cole,
Hedrick,
Odle,
324
Offutt,
Scott,
Troutman,
Ogden,
Peed,
Shirley,
Shutt,
Tulley,
Whitworth,
Pfrimmer,
Smith,
Willard,
Prentiss,
Spellman,
Wilson, of Blackford,
Reeves,
Reno,
Stanley,
Strange,
Willson, of Ripley,
Wood,
Richardson,
Teter,
Woodard,
Riggs,
Rudder,
Thayer,
Tingley,
Wolflin,
Woollen,
Rumsey,
Sattervr'hite,
Thompson
Thomson,
, of Elkhart, AVynn,
of Spencer,Mr. Speaker — 92.
Schmuck,
No one voting in the negative.
So the joint resolution passed.
The question being, shall the title as read stand as the title of the
joint resolution?
It was so ordered.
Mr. Woollen offered the following resolution.
Resolved, By the House Representatives, (the Senate concurring)
that a committee of nine, six on the part of House and three on the
part of the Senate, be appointed, to be so distributed as near as
possible, to represent the different parts of the State, who shall make
an equalization of the judicial circuits and districts of the State,
taking as a basis a population of not less than sixty thousand inhab-
itants, as near as may be, and requiring as near as may be, the time
of each judge for at least forty weeks in the year, and that said
committee report to the Senate and House a bill creating said several
circuits and districts at the regular session; said circuits shall be
made with reference to the present residence of the judges; said
committee sliall have power to sit during the vacation between the
special and regular sessions, and shall be allowed for their services
five dollars per day each, for each day engaged on such committee.
Which was laid upon the table.
325
Mr. Baker offered the following resolution.
Resolved, That the committees on insurance and judiciary be and
the same are hereby required to report to this House at their earli-
est convenience, by bill or otherwise, such measures as may be
necessary for the creation of a Bureau of Insurance for the State
of Indiana, and for the better protection of policy holders in life
and other insurance companies.
Which was adopted.
Senate Bill No. 8. Was taken from the Speaker's table and
read a third time and put upon its passage.
The question being, shall the bill pass ?
Those who voted in the afirmative loere, Messrs.
Anderson,
Baker,
Billingsley,
Blocher,
Bowser,
Bran ham,
Brett,
Broaddus,
Butts,
Cauthorn,
Clark,
Claypool,
Cobb,
Coffman,
Cole,
Cowgill,
Crumpacker,
Dial,
Durham,
Eaton,
Edwards of Lawr
Ellsworth,
Eward,
Furnas,
Gifford,
Givan,
Glasgow,
Glazebrook,
Goble,
Goudie,
Gregory,
Gronendyke,
Hatch,
Hedrick,
Heller,
Henderson,
Hollingsworth,
Hoyer,
Johnson,
King,
Kirkpatrick,
Lenfesty,
Lent,
Martin,
McConnell,
ence,McKinney,
Mellett,
Miller,
North,
Odle,
Offutt,
Ogden,
Peed,
Prentiss,
Reeves,
Reno,
Richardson,
Riggs,
Rudder,
Rumsey,
Satterwhite,
Schmuck,
Scott,
Shirley,
Shutt,
Smith,
Spellman,
Stanley,
Strange,
Teeter,
Thayer,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
326
Tulley, Willard, Woollen,
Walker, Wilson, of Blackford, Wynn,
Wesner, Wood, Mr. Speaker — 84.
Whitworth, Wolflin,
No one voting in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
House Bill No. 166 was taken from the Speaker's table, read
a second time, and ordered to be engrossed.
House Bill No. 164 was taken from the Speaker's table and read
a second time.
Mr. Walker offered the following amendment:
Amend section three by adding "or to establish and maintain
an institution for the medical treatment of males and females," after
the word " industry."
Which amendment was adopted, and the bill, as amended, ordered
to be engrossed.
House Bill No. 165 was taken from the Speaker's table, read a
second time and ordered to be engrossed.
Mr. Cauthorn offered
Joint Resolution No. 9. A joint resolution in relation to an ap-
propriation by Congress for the improvement of the Wabash river.
Be it Besoked by the General Assembly of the State of Indiana,
That our Senators in Congress be and they are hereby instructed,
and our Representatives are requested to use all honorable means to
secure an appropriation of two hundred thousand dollars to improve
the navigation of the Wabash river.
327
Resolved, That His Excellency the Governor be requested to send
a copy of this resolution to each of our Senators and Representatives
in Congress.
The joint resolution was read, and on motion considered as en-
grossed, and put upon its passage.
The qestion being, shall the joint resolution pass ?
Those
who voted in the affirmative
were Messrs.
Anderson,
Gronendyke,
Rudder,
Baker,
Hatch
Rumsey,
Baxter,
Hedrick,
Satterwhite,
Billingsley,
Heller,
Schmuck,
Blocher,
Henderson,
Shirley,
Bowser,
HoUingsworth,
Shutt,
Branhain,
Hoyer,
Smith,
Brett,
Isenhower,
Spellman,
Butterworth,
Johnson,
Strange,
Butts,
Jones,
Teeter,
Cautliorn,
Kimball,
Thayer,
Clark,
King,
Tingley,
Claypool,
Kirkpatrick,
Thompson, of Elkhart,
Cobb,
Lent,
Thompson, of Spencer,
CoiFman,
Martin,
Troutman,
Cole,
McConnell,
Tulley,
Cowgill,
McKinney,
Walker,
Crumpacker,
Mellett,
Wesner,
Dial,
Miller,
Whitworth,
Durham,
North,
Willard,
Eaton,
Odle,
Wood,
Edwards, of Lawrence,Offut,
Woodard,
Ellsworth,
Ogden
Wolflin,
Eward,
Peed,
Woollen,
Glazebrook,
Reeves,
Wynn,
Goble,
Reno,
Mr. Speaker— 82.
■Goudie, RiggSj
Those who voted in the negative were, Messrs.
Broaddus, Scott, Wilson, of Blackford-5
Lenfesty, " Stanley,
328
So the joint resolution passed.
The question being, shall the title as read stand as the title of the-
ioiht resolution ?
It was so ordered.
Mr. Eward asked leave of absence for this afternoon.
Which was granted.
Mr. Kimball, chairman of the committee on ways and means,,
submitted the following report :
Me. Speaker:
The committee on ways and means, to whom was referred, House-
Bill No. 181, being "a bill in relation to the funded debt of the:
State of Indiana, therein mentioned," have had the same under con-
sideration, and direct me to report the same back to the House, with
a recommendation that the blank in section 7 be filled with "five
hundred," and when so amended, that said bill be passed.
The report was concurred in, and the amendment was adopted,,
the bill read a second time and ordered to be engrossed.
Mr. Wesner presented a petition on the subject of temperance-
from sundry citizens of Boone county.
Which was referred to the committee on temperance.
On motion of Mr. Baker,
The House adjourned until 2 o'clock p. m.
FRIDAY AFTERNOON, 2 o'CLOCK.
The house met pursuant to adjournment with the Speaker in the-
chair.
329
On motion of Mr. Givan,
House Bill No. 56 was taken from the Speaker's table, read a
second time and ordered to be engrossed.
Mr. Walker offered the following resolution :
Resolved, That the reporters of this House, be furnished by the
Doorkeeper with the revised statutes of Gavin & Hord, for their
use during the session.
Which was adopted.
By the consent of the House, Mr. Mellett introduced.
House Bill No. 200. An act to authorize and empower boards
of county commissioners to equalize local county bounty to soldiers,
to issue bonds or orders therefor, to levy and collect taxes for the
redemption of such bonds or orders, declaring how such taxes may
be collected when such bonds or orders shall be issued, the time
when they shall be paid, the rate of such interest thereon, and legaliz-
ing such as have been issued, and declaring an emergency.
Which was read a first time, and referred to the committee on fed-
eral relations.
By consent of the House, Mr. Cobb introduced
House Bill No. 201. An act exempting property of cities and
incorporated towns from sale in certain cases on exemption or order
of any court, and declaring an emergency.
Which was read a first time.
By consent of the House, Mr. Pfrimmer introduced
House Bill No. 202. An act to amend the eighth section of an
act, entitled " An act prescribing the powers and duties of coroners,"
approved. May 27, 1852.
Which was read a first time, and referred to the committee on the
judiciary.
330
House Bill No. 6 was taken up, read a third time and put upon
its passage.
The question being, shall the bill pass ?
Those who voted in the affirmative were, Messrs.
Baxter,
Heller,
Satterwhite,
Blocher,
Henderson,
Schmuck, •
Bowser,
HoUingsworth,
Scott,
Branham,
Hoyer,
Shirley,
Broadus,
Isenhower,
Shutt,
Buskirk,
Kimball,
Smith,
Butterworth,
Kirkpatrick,
Spell man,
Cauthorn,
Lenfesty,
Stanley,
Clark,
Lent,
Strange,
CI ay pool,
Martin,
Teeter,
Cline,
McConnell,
Tingley,
Cobb,
McKinney,
Thompson, of Elkhart,
Coif man,
Mellett,
Thompson, of Spencer,
Crumpacker,
North,
Troutman,
Dial,
Odle,
Tulley,
Durham,
Offut,
Walker,
Eaton,
Ogden,
Wesner,
Edwards, of Lawrence,Peed,
Whitworth,
Furuas,
Pfrimmer,
WiUard,
Gifford,
Prentiss,
Wilson, of Blackford,
Givan,
Beeves,
Wood,
Glasgow,
Reno,
Woodard,
Goudie,
Richardson,
Wynn,
Gronendyke,
Riggs,
Mr. Speaker— 76.
Hatch,
Rudder,
Hedrick,
Rumsey,
No one voting in the ucijative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
331
The joint committee on enrolled bills made the following report :
Me. Speakee :
Your joint committee to whom was referred Enrolled House Bill
No. 22, entitled " An act to amend the first section and the title of
an act approved March 4, 1865," have compared said enrolled act
with the engrossed bill and find the same correctly enrolled.
The committee on engrossed bills submitted the following report :
Mr. Speaker :
I The committee on engrossed bills have examined Engrossed Bills
Nos. 6, 36, 59, 139, 144, and 155, with the original copies, and find
them in all respects properly engrossed.
I, _
House Bill No. 36 was taken up, read a third time and put upon
its passage.
& The question being, shall the bill pass ?
Those who voted in the affirmative were, 3Iessrs.
Blocher,
Eaton,
King,
Bowser,
Edwards, of Lawr
ence,Kirkpatrick,
Brett,
Furnas,
Lenfesty,
Broaddus,
Gifford,
Martin,
Buskirk,
Givan,
McConnell,
Butterworth,
Glasgow,
McKinney,
Butts,
Glazebrook,
Mellett,
Cauthorn,
Goble,
Miller,
Clark,
Goudie,
North,
Claypool,
Hatch,
Odle,
Cline,
Hedrick,
Offutt,
Cobb,
Heller,
Ogden,
Coffman,
Henderson,
Peed,
Cole,
Hollingsworth,
Keeves,
Crum packer.
Isenhower,
Richardson,
Dial,
Johnson,
Riggs,
Durham,
Kimball,
Rudder,
332
Rumsey,
Satterwhite,
Scott,
Shirley,
Shutt,
Smith,
Stanley,
Strange,
Teter, Wesner,
Thayer, Whitworth,
Tingley, Willard,
Thompson, of Elkhart, Wilson, of Blackfordy
Thompson, of Spencer, Wood,
Troutman, Woodard,
Tulley Wynn,
Walker, Mr. Speaker — 75.
Those who voted in the negative were, Messrs.
Gronendyke, Spellman — 2,
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
House Bill No. 59 was taken up, read a third time, and put upon
its passage.
The question being, shall the bill pass ?
Those who voted in the affirmative were, Meesrs.
Anderson,
Goudie,
Shirley,
Bowser,
Grondyke,
Shutt,
Broaddus,
Hatch,
Smith,
Buskirk,
Isenhower,
Spellman,
Clark,
Kimball,
Stanley,
Claypool,
Kirkpatrick,
Strange,
Cline,
Martin,
Teter,
Coffman,
McConnell,
Thayer,
Crumpacker,
McKinney,
Tingley,
Dial,
Mellett,
Thompson, of Elkhart,.
Durham,
Miller,
Thompson, of Spencer,.
Eaton,
OfFutt,
Tulley,
Gifford,
Peed,
Walker,
Givan,
Prentiss,
Whitworth,
Glasgow,
Reeves,
Willard,
Glazebrook,
Riggs,
Woodard,
Goble,
Rumsey,
Wynn— 51.
333
TJiose who voted in the negative were, Messrs.
Baker,
Henderson,
Kichardson,
Blocher,
Hollingsworth,
Budder,
Branham,
Hoyer,
Satterwhite,
Butts,
Jones,
Schmuck,
Butterworth,
King,
Scott,
Cole,
Lenfesty,
Troutman,
Edwards, of Lawrence,Nortli,
Wesuer,
Furnas,
Odle,
Wilson, of Blackford,
Hedrick,
Ogden,
Wood,
Heller,
Reno,
Mr. Speaker— 30.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
House Bill No. 139 was taken up, read a third time, and put upon
its passage.
The question being, shall the bill pass ? ■ ,
Those who voted in the affirmative were, Messrs.
Anderson,
Crurapacker,
Hollingswort
Baxter,
Durham,
Hoyer,
Blocher,
Eaton,
Isenhower,
Bowser,
Edwards, of Lawrence, Johnson,
Branham,
Furnas,
Jones,
Brett,
Gifford,
Kimball,
Broaddus,
Givan,
Kirkpatrick,
Buskirk,
Glasgow,
Lenfesty,
Bulterworth,
Glazebrook,
Martin,
Clark,
Goble,
McConuell,
Claypool,
Goudie,
McKinney,
Cline,
Grone ndyke,
Mellett,
Cobb,
Hatch,
Miller,
Coif man.
Hedrick,
North,
Cowgill,
Heller,
Odle,
334
Ogden,
•
Shutt,
Thompson, of Spencer^
Prentiss,
Spellman,
Troutman,
Eeeves,
Stanley,
Tulley,
Eiggs,
Strange,
Walker,
Eudder,
Teeter,
Whitworth,
Eumsey,
Thayer,
Wilson, of Blackford,
Satterwhite,
Tingley,
Wynn,
Scott,
Thompson,
of Elkhart,Mr. Speaker— 69.
i
Those who voted in the
negative
were, Messrs.
Cauthorn,
Eeuo,
Wesner,
Henderson,
Eichardson,
1
Willard,
King,
Schmuck,
Wood,
Offutt,
Shirley,
Woodard — 14.
Peed,
Smith,
So the bill
passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
House Bill No. 144 was taken up, read a third time and put upon
its passage.
The question being, shall the bill pass ?
Those who voted in the afirmatlve were, 31essrs,
Anderson,
Claypool,
Givan,
Baxter,
Cline,
Glassgow,
Bio her,
Cobb,
Glazebrook,
Bowser,
Coflfman,
Goble,
Branham,
Cole,
Goudie,
Brett,
Cowgill,
Gronendyke,
Broaddus,
Crumpacker,
Hatch,
Buskirk,
Dial,
Hedrick,
Butterworth,
Eaton,
Heller,
Butts,
Edwards, of Lawrence,Henderson,
Cauthorn,
Furnas,
Hoyer,
Clark,
Gifford,
Isenhower,
335
Johnson,
Prentiss,
Teter,
Jones,
Eeeves,
Thayer,
Kimball,
Eeno,
Tingley,
King,
Pichardson,
Thompson, of Elkhart,
Kirkpatrick,
Riggs,
Thompson, of Spencer^
Lenfesty,
Rudder,
Troutman,
Lent,
Rumsey,
Tulley,
Martin,
Satterwhite,
Walker,
McConnell,
Schmuck,
Wesner,
Mellett,
Scott,
Whitworth,
Miller,
Shirley,
Willard,
North,
Shutt,
Wilson, of Blackford,
Odle,
Smith,
Wood,
Offutt,
Spell man.
Wynn,
Ogden,
Stanley,
Mr. Speaker— 83.
Peed,
Strange,
No one voting in
the negative.
So the bill
passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
The following message was received from the Senate, by the Secre-
tary thereof:
Me. Speaker:
I am directed by the Senate to inform the House that the Senate
has passed the following engrossed bills thereof, to wit:
Engrossed Senate Bill No. 38. An act supplemental to an act
approved February 25, 1865, entitled "An act appointing commis-
sioners to sell certain real estate therein named ; to provide a resi-
dence for the Governor of the State, and to make him an allowance in
lieu thereof until the same is provided, and matters properly con-
nected therewith."
Also, I am directed by the Senate to inform the House that the
Senate has passed the following Senate bill, to wit :
336
Engrossed Senate Bill No. 124. A bill to define what shall be the
salary of the Governor, the manner of paying the same, and declar-
ing an emergency.
A.11 of which is herewith respectfully transmitted to the House.
Also, I am directed by the Senate to inform the House that the
Senate has passed the following engrossed House Bill, to wit :
House Bill No. 92. A bill to amend an act entitled " An act to
establish a House of Refuge for the correction and reformation of
juvenile offenders," approved March 6th, 1867, and repealing sec-
tion eleven of such act.
Also, I am directed by the Senate to inform the House that the
Senate has passed the following House bill, to wit :
House Bill No. 98. A bill to make certain specific appropriations
therein mentioned.
And the same is herewith returned to the House.
On motion of Mr. Cauthorn,
The regular business was suspended and Senate Bill No. 124 was
taken up and read a first time.
Mr. Branham moved to suspend the constitutional rule, have the
bill read a second time, considered as engrossed, and put upon ita
passage.
The question being, shall the constitutional rule be suspended?
Those who voted in the affirmative were, Messrs.
Anderson,
Butts,
Dial,
Baxter,
Cauthorn,
Durham,
Bowser,
Clark,
Eaton,
Branham,
Claypool,
Edwards, of Lawrence,
Brett,
Clino,
Furnas,
Broaddus,
Cole,
Gifford,
Buskirk,
Cowgill,
Glazebrook,
Butterworth,
Crumpacker,
Goble,
337
Goudie,
North,
Stanley,
Gronendyke,
Odle,
Strange,
Hatch,
OfFutt,
Teter,
Hedrlck,
Ogden,
Thayer,
Heller,
Peed,
Tingley,
Henderson,
Prentiss,
Thompson, of Elkhart,
Hollingsworth,
Peeves,
Thompson, of Spencer,
Hoyer,
Reno,
Troutman,
Iseuliower,
Pichardson,
Tulley,
Jones,
Piggs,
Walker,
Kimball,
Pudder,
Wesner,
King,
Piimsey,
Whitworth,
Kirkpatrick,
Satterwhite,
Willard,
Leufesty,
Sell muck,
Wilson, of Blackford,
Lent,
Scott,
Wood,
Martin,
Shirley,
Woodard,
McCounell,
Shutt,
Wynn,
Mellett,
Spellman,
Mr. Speaker— 79.
Miller,
Blooher,
Those who voted in the negative were, Messrs.
Smith— 2.
So the rules were suspended, the bill read a second time, consid-
ered as engrossed, read a third time, and put upon its passage.
The question being, shall the bill pass?
Those loho voted in the affirmative, were, Messrs.
Anderson,
Clark,
Edwards, of Lawrence,
Baker,
Claypool,
Furnas,
Baxter,
Cline,
Gifford,
Bowser,
Cobb,
Givan,
Branham,
CoiFman,
Glasgow,
Brett,
Cole,
Glazebrook,
Broadus,
Cowgill,
Goble,
Buskirk,
Crum packer,
Gronendyke,
Butterworth,
Dial,
Hatch,
Butts,
Durham,
Hedrick,
Cauthorn,
Eaton,
Heller,
H.
J.— 22
338
Henderson,
Offutt,
Strange,
Hollingsworth,
Ogden,
Teeter, • •
Hoyer,
Peed,
Thayer,
Isenhower,
Prentiss,
Tingley,
Johnson,
Reeves,
Thompson, of Elkhart.
Jones,
Reno,
Thompson, of Spencer,
Kimball,
Richardson,
Troutman,
King,
Riggs,
Tulley,
Kirkpatrick,
Rudder,
Walker,
Lenfesty,
Rurasey,
Wesner,
Lent,
Satterwhite,
Whitworth,
Martin,
Schniuck,
Wilson, of Blackford,
McConnell,
Scott,
Wood,
McKinney,
Shirley,
Woodard,
Mellett,
Shutt,
Woollen,
Miller,
Spell man.
Wynn,
North,
Stanley,
Mr. Speaker — 85.
Odle,
Mr. Goudie voting in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
Senate Bill No. 38, was taken up and read a first time.
Mr. Cauthorn moved to suspend the constitutional rule, have the
bill read a second time, considered as engrossed, and put upon its
passage.
The question being, shall the constitutional rule be suspended?
Those wJio voted in the affirmative were, llessrs.
Anderson,
Brett,
Cauthorn,
Baker,
Broaddus,
Clark,
Baxter,
Busk irk,
Claypool,
Bowser,
Butterworth,
Cline,
Eraiiham,
Butts,
Cobb,
339
Cofiman,
Jones,
Schmuck,
€ole,
Kimball,
Scott,
-Cowgill,
King,
Shirley,
Crumpacker,
Kirkpatrick,
Shutt,
Dial,
Lenfesty,
Smith,
Durham,
Lent,
Spell man,
Eaton,
Martin,
Stanley,
Edwards, ofLa\vrence,McConnell,
Strange,
Furnas,
McKinney,
Teeter,
Gifford,
Mellett,
Thayer,
Givan,
Miller,
Tingley,
Glassgow,
North,
Thompson, of Elkhart,
Glazebrook,
Odle,
Thompson, of Spencer,
Goble,
Offutt,
Troutman,
Goudie,
Ogden,
Tulley,
Gronendyke,
Peed,
Walker,
Hatch,
Prentiss,
Wesner,
Hedrick,
Peeves,
"Whitworth,
Heller,
Reno,
Willard,
Henderson,
Eichardson,
Wilson, of Blackford,
Hollingsworth,
Riggs,
Wood,
Hoyer,
Rudder,
Woodard,
Isenhower,
Rumsey,
Wynn,
Johnson,
Satterwhite,
Mr. Speaker— 87.
No one voting in the negative.
So the constitutional rule was suspended, the bill read a second
time, considered as engrossed, read a third time, and put wpon its
passage.
The question being, shall the bill pass?
Those who voted in the afirmoilve were, Messrs.
Anderson,
Baker,
Bowser,
Bran ham,
Brett,
Broaddus,
Buskirk,
Butterworth,
Cau thorn,
Clark,
Claypool,
Ciine,
Coflman,
Cobb,
Cole,
Cowgill,
Crumpacker,
Dial,
Durham,
Eaton,
Edwards, of Lawrence,
340
Furnas,
McConnell,
Spellman,
Gifford,
McKinney,
Stanley,
Givan,
Mellett,
Strange,
Glasgow,
Miller,
Teeter,
Glazebrook,
North,
Thayer,
Goble,
Odle,
Tingley,
Goudie,
Offutt,
Thompson, of Spencer,
Gronendyke,
Ogden,
Thompson, of Elkhart,
Hatch,
Peed,
Troutman,
Hedrick,
Prentiss,
Tulley,
Heller,
Keeves,
Walker,
Henderson,
Reno,
Wessner,
Hollingsworth,
Richardson,
Whitworth,
Hoyer,
Riggs,
Willard,
Isenhower,
Rudder,
Wilson, of Blackfordp
Johnson,
Rumsey,
Willson, of Ripley,
Jones,
Satterwhite,
Wood,
Kimball,
Schmuck,
Woodard,
King,
Scott,
Wolflin,
Kirkpatrick,
Shirley,
Woollen,
Lenfesty,
Shutt,
Wynn,
Lent,
Smith,
Mr. Speaker— 89.
Martin,
No one votinar in the neaative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
Mr. Cauthorn moved that House Bills Nos. 165 and 166 be laid
upon the table.
Which motion prevailed.
A communication from the Secretary of State, in response to a
resolution of the House, giving a price list of stationery, etc., fur-
nished by him to the members of the House, was presented by the
Speaker.
341
On motion of Mr. Cauthorn, it was ordered to be posted up in
some conspicuous place in the hall of the House for the convenience
of the members.
House^bill No. 155 was taken up and read a third time.
Mr. HoUingsworth moved to recommit with the following instruc-
tions :
Recommit with the instruction to inquire if the cities of this State
desire the proposed change ; whether the plan proposed is not too
expensive, and whether the provisions are not in other respects inex-
pedient?
On motion of Mr. Baker, the motion to recommit, and the instruc-
tions, were laid upon the table.
The question being, shall the bill pass ?
Those who voted in the affirmative were, Messrs.
Anderson,
Baker,
Blocher,
JBowser,
Branham,
Brett,
Buskirk,
Butterworth,
Cauthorn,
Clark,
Clay pool,
Cline,
Cobb,
Coffman,
Crumpacker,
Dial,
Durham,
Eaton,
Edwards, of Law
Eurnas,
Giflord,
Givan,
Glasgow,
Glazebrook,
Goble,
Goudie,
Gronendyke,
Hatch,
Hedrick,
Heller,
HoUingsworth,
Isenhower,
Johnson,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Martin,
Mc Conn ell,
rence,McKinney,
North,
Oftutt,
Ogden,
Peed,
Reeves,
Reno,
Richardson,
Riggs,
Rudder,
Rumsey,
Satterwhite,
Schmuck,
Scott,
Shirley,
Shutt,
Smith,
Spell man,
Stanley,
Strange,
Teeter,
Thayer,
Thompson, of Elkhart,
Thompson, of Spencer,
342
Troutman, . Whitworth, Wood,
TuUey, Willard, Woodard,
Walker, Wilson, of Blackford, Wynn — 72.
Wesner, Willson, of Eipley,
Those loho voted in the negative were, Messrs.
Broaddus, Henderson, Tingley,
Mr. Speaker — 4.
So the bill passed.
The question being, shall the title as read stand as the title of the-
bill?
It was so ordered,
Mr. Strange presented a petition from sundry citizens of Clinton
County, praying the repeal of all laws authorizing the assessment of
taxes for the construction of railroads.
Which was referred to the committee on county and township
business.
The following message was received from the Senate, by the Sec-
retary thereof:
Mr. Speaker :
I am directed by the President of the Senate to inform the House
that he has signed the following enrolled act of the House of Rep-
resentatives, to-wit :
Enrolled Act No. 22, House of Representatives, entitled " An act
to amend the first section and the title of an act," approved March
4, A. D. 1865, and entitled " An act providing for the completion of
the unfinished business of any session of the General Assembly by
the next succeeding special session of the same General Assembly."
And the same is herewith returned to the House.
Mr. Baker moved to withdraw the claim of the Jeffersonville
Railroad Company and recommit the same to the committee oa
claims.
Which motion prevailed.
343
!^, Mr. Blocher was granted leave of absence until Friday next.
Mr. Cline was granted leave of absence until Monday next.
Mr. Wynn was granted leave of absence till Monday next.
Mr. Pfrimmer was granted leave of absence until Tuesday next.
Mr. Cauthorn presented the claims of sundry witnesses for services
rendered and mileage, who were subpoenaed to attend before a com-
mittee of the House of Representatives in the matter of the investi-
gation of the surplus revenue of the county of Carroll.
Which claim was referred to the committee on public expenditures.
On motion of Mr. Givan,
The House adjourned until to-morrow at 9 o'clock A. m.
244
SATURDAY MORNING.
December 7, 1872, 9 o'clock.
The House met pursuant to adjournment with the Speaker in the
chair.
Prayer was offered by the Rev. Samuel Cornelius, of Indian-
apolis.
The Journal of yesterday was read in part, when,
On motion,
The further reading was dispensed with.
Mr. Glazebrook, from the committee on engrossed bills,
submitted the following report .•
Mr. Speaker :
The committee on engrossed House Bills Nos. 128, 166, 181 and
88, and find them in all respects properly engrossed.
Mr. Walker, chairman of the committee on the judiciary,
submitted the following report :
Me. Speaker :
The committee on the judiciary to whom was referred House Bill
No. 148, entitled " An act, defining certain felonies and prescribing
punishment therefor, compelling the testimony of parties engaged
therein against others than themselves, declaring contracts with
respect, thereto void, repealing all laws in conflict therewith," have
had the same under consideration, and directed me to report the same
back to the House, and recommend the passage of the same.
345
Which was concurred, the bill read a second time and ordered
engrossed.
Mr. Walker, chairman of the committee on the judiciary,
submitted the following report :
Mr. Speaker:
The committee on the judiciary to whom was referred House Bill
No. 171, entitled "An act prescribing the manner of selecting
petit jurors for the Circuit and Common Pleas Courts, and declaring
an emergency," have had the same under consideration, and direct
me to report the same back to the House, with the recommendation
that it pass.
Which report was concurred in, the bill read a second time and
ordered to be engrossed.
Mr. Walker, chairman of the committee on the judiciary,
submitted the following report :
Mr. Speaker :
The committee on the judiciary to whom was referred House Bill
No. 152, entitled "A bill to amend an act to provide for the incor-
poration of Railroad Companies," have had the same under
consideration, and directed me to report the same back to the House
with the recommendation that it pass.
Which report was concurred in.
Mr. Branham offered the following amendment :
Whereas, An emergency exists for the immediate taking effect
of this act, therefore, the same shall take effect and be in force, from
after its passage.
Which amendment was adopted, the bill as amended read a
second time and ordered to be engrossed.
Mr. Buskirk, from the committee on the judiciary, submitted the
following report :
346
Mr. Speaker: . - • • -
The committee of the judiciary to whom was referred House Bill
151, entitled '^ An act, to amend an act to declare abandoned certain
unfinished railroads, and to provide for their completion, to declare
forfeited the franchises of certain railroad companies," etc., now
respectfully report said bill back to the House with the recommenda-
that it pass.
Which report was concurred in.
Mr. Kimball offered the following amendment :
Whereas, An emergency exists for the immediate taking effect
of this act. Therefore the same shall take effect and be in force from
and after its passage.
Which amendment was adopted, the bill read a second time, and
ordered to be engrossed.
Mr. Willson, of Ripley, from the committee on the judiciary,
submitted the following peport :
Mr. Speaker :
Your committee on the judiciary, to whom was referred House Bill
No. 170, entitled an act to amend sections 157 and 664 of an act
entitled " An act to revise, simplify and abridge the rules, practice
pleading and forms in civil cases in the courts of this State ; to
abolish distinct forms of actions at law, and to provide for the
administration of justice in a uniform mode of pleading and practice,
without distinction between law and equity," approved June 18th,
1852, have had the same under consideration, and request me to
report the same back to the House with the following amendments :
Strike out from the first section the following words, viz : " unless
the attachment is sustained," and insert the following: "except on
the attachment." And provided further, that if the demand is not
due, the court, in rendering judgment, shall rebate interest on such
demand at the rate of six per cent.
Amend from the date of such judgment until such demand be-
comes due, such judgment shall not be a bar to an action after such
347
demand becomes due on the same, after deducting the amount made
thereon on the judgment, on such attachment. And prociJed further,
that if such demand shall be due at the date of judgment, tlie plain-
tiif shall have a personal judgment for the full amount due on
such demand."
Also the following amendment, viz : Add the following :
Section 2. An emergency exists for the immediate taking effect of
this act. Therefore, the same shall take effect and be in force from
and after its passage.
And when so amended, your committee recommend its passage.
Which report, was concurred in, amendments adopted, the bill
amended, read a second lime and ordered to be engrossed.
Mr. "Willson, of Ripley, from the committee on the judiciary,
submitted the following report :
Mr. Speaker :
Your committee to whom was referred House Bill No. 142, entitled
" An act for giving a lien to lessors in certain cases ; prescribing
some of the lessors, and exempting growing crops from sale on exe-
cution until after maturity," have had the same under consideration,
and request me to report the same back to the House with the rec-
ommendation that it be indefinitely postponed.
Which report was concurred in, and the bill indefinitely postponed.
Mr. Cauthorn, from the committee on the judiciary, submitted
the following report:
Mr. Speaker :
The committee on the judiciary, to whom was referred House Bill
No. 149, entitled an act to amend sections 39 and 131 of an act
entitled " An act to revise, simplify and abridge the rules, practice,
pleadings and forms in criminal actions in the courts of this State,"
approved June 17th, 1852, have had the same under consideration,
and recommend that the same do lie on the table ; as in the opinion
348
of your committee, the said sections as 'they now exist are all the
legislation needed on the subject.
Which report was concurred in, and the bill laid upon the table.
Mr. Cauthorn, from the committee on the judiciary, submitted
the following report:
Mr. Speaker :
The judiciary committee, to whom was referred House Bill No.
159, entitled an act to regulate the practice of dentistry in the State
of Indiana, have duly considered the same, and have instructed me
to report the same back to the House with the recommendation that
the following words at the end of the first section thereof, viz :
*' before the first day of January, 1816," be stricken from the bill,
and when said words are stricken out, do recommend that the bill
do pass.
Which report was not concurred in, and the amendment not
adopted.
On motion of Mr. Kimball,
The bill was indefinitely postponed.
Mr. Ogden, from the committee on the judiciary, submitted the
following report :
Mr. Speaker:
Your committee on the judiciary, to whom was referred House
Bill No. 135, entitled an act to amend section 2 of an act entitled
" An act providing for the redemption of real property or any
interest therein, sold on execution or order of sale, and providing
for the issuing of certificates of purchase in such cases, and for the
execution of conveyances and repealing all laws in conflict therewith,"
approved June 1, 1861, have had the same under consideration, and
beg leave to report the same back to the House with the recommen-
dation that it be indefinitely postponed.
Which report was concurred in and the bill indefinitely postponed.
349
Mr. Ogden, from the committee on the judiciary, submitted the
following report :
Mr. Speaker:
The committee on the judiciary, to whom was referred House
Bill No. 179, entitled an act to amend section 1 of an act entitled
an act to amend "An act to revise, simplify and abridge the rules,
practice, pleadings and forms in civil cases in the courts of this State,
to abolish distinct forms of actions at law, and to provide for the
administration of justice in a uniform mode of pleading and prac-
tice, without distinction between law and equity,^' approved June
18th, 1852, approved February 2, 1855, have carefully considered
the same and report it back to the House recommending its passage.
Which report was concurred in, the bill read a second time and
ordered engrossed.
Mr, Ogden, from the committee on the judiciary, submitted the
following report :
Mr. Speaker :
Your committee on the judiciary, to whom was referred House
Bill No. 125, entitled an act to amend section 1 of an act entitled
"An act to provide for calling special sessions of the Board of
County Commissioners," approved March 7th, 1863, and declaring
an emergency, have had the same under consideration and have
directed me to report the same back to the House with the recom-
mendation that the same be indefinitely postponed.
Which report was concurred in, and the bill indefinitely post-
poned.
Mr. Miller, from the committee on the judiciary, submitted the
following report :
Mr. Speaker:
The judiciary committee, to whom was referred House bill No.
167, an act entitled "An act to preserve the original manuscript
Journals of the Senate and House of Representatives of the General
Assembly, and prescribing a penalty for the destruction or mutilla-
350
tlon thereof," have had the same under consideration, and have
instructed me to report the following additional section to said bill,
viz.:
Sec. 3. If any Secretary of the Senate or Clerk of the House of
Representatives, who shall have taken from the office of the Secre-
tary of State, any original manuscript Journal of the Senate or the
House of Representatives, or any part thereof for the purpose of
having the same printed, shall fail to return the same to the office of
the Secretary of State in good order and condition as soon as they
are printed, shall be guilty of a misdemeanor, and upon conviction
thereof by any court or competent jurisdiction, shall be fined in any
sum not less than fifty nor more than five hundred dollars; and to
number the remaining sections, as 4 and 5, and when so amended,
recommend that the bill do pass.
Which report was concurred in, the amendment adopted, the bill
as amended read a second time and ordered to be engrossed.
Mr. Miller, from the committee on the judiciary, submitted the
following report :
Mr. Speaker :
The committee on the judiciary, to whom was referred, House Bill
No. 136, entitled '' An act to amend section six hundred and forty-
seven (647) of an act, entitled ' An act to revise, simplify and abridge
the rules, practice, pleading and forms in certain cases in the courts of
this State, to abolish distinct forms of action at law, and to provide
for the administration of justice, in a unifor ,i mode of pleading and
practice without distinction between law and equity,' " approved
June IS, 1852, have had the same under consideration, and direct
me to report the same back with the following amendment.
Section 11. Whereas, An emergency exists for the immediate
toking effect of this act, the same shall be in force from and after its
passage, and when so amended, that it pass.
Which report was concurred in, the amendment adopted, the bill
read a second time and ordered eng-rossed.
351
Mr. Shirley, from the committee on the judiciary, submitted the
following report :
Mr. Speaker:
The committee on the judiciary, have had under consideration,
House Bill No. 145, *' An act to amend sections 17 and 120, of an
act, approved June 17, 1852, entitled 'An act to provide for the
opening, vacating and change of highways,'" and report the same
back to the House, with the recommendation that it lie on the table.
Which report was concurred in, and the bill laid on the table.
By unanimous consent of the House,
On motion of Mr. Gregory,
The vote on the report of the judiciary committee on House Bill
No. 145, submitted by Mr. Shirley and concurred therein, was
reconsidered, and the bill referred to the committee on roads.
Mr. Shirley, from the committee on the judiciary, submitted the
fellowing report :
Mb. Speaker :
Your committee on the judiciary, have had under consideration,
House Bill No. 175, " An act relating to mortgages of real estate,
and the recording thereof, and to repeal all laws in conflict with the
same." Report the same back to the House with the recommenda-
tion that it lie on the table.
Which report was concurred in, and the bill laid on the table.
Mr. Johnson, from the committee on tiie judiciary, submitted the
following report:
Mr. Speaker :
Yonr committee to whom Avas referred, House Bill No. 3, entitled
*' A bill to repeal an act, tor the construction of levees, dykes and
drains, by incorporated companies, and associations," which took
■efiect May 22, 1869, and also to repeal an act supplemental thereto,
352
approved February 23, 1871, have considered said bill and recom-
mend that all of section 3 of said bill, after the words " section 3"
be striken out, and the following words substituted in their place :
"All companies now properly organized under the acts hereby
repealed, the main line of whose work is ten miles or less in length
shall be allowed to collect all their assessments and complete the
woi'k for which they were organized."
And the following section :
" Section 4. It is hereby declared that an emergency exists for the
immediate taking effect of this act, it shall therefore be in force from
and after its passage."
And when so amended your committee recommend that the bill
pass.
Which report was concurred in, and the bill read a second time.
Mr. Edwards, of Lawrence, from the committee on the organiza-
tion of courts, submitted the following report :
Mr. Speaker :
Your committee on organization of courts, have had under con-
sideration House Bill No. 180, entitled "An act to abolish the Grand
Jury system," and report the same back to the House with the
recommendation that it lie on the table.
Which report was concurred in and the bill laid on the table.
Mr. Claypool, from the committee on the organization of courts,
submitted the following report :
Mr. Speaker:
The committee on organization of courts, to whom was referred
House Bill No. 177, an act entitled "An act fixing the time of hold-
ing the courts in the several counties comprising the First Judicial
Circuit of this State and repealing all laws conflicting therewith and
declaring an emergency," have had the same under consideration and
353
liave directed me to report the same back with the recommendation
that it pass.
Which report was concurred in and the bill read a second time.
Mr. Satterwhite, chairman of the committee on banks, submitted
the following report :
Mr. Speaker:
Your committee on banks, to whom was referred House Bill No.
198, a bill to amend sections fifteenth, nineteenth, thirty-first and
forty-ninth of an act approved May 12, 1869, entitled ''An act pro-
viding for the organization of savings banks and the safe and proper
management of their aifairs," have had the same under consideration
had recommend its passage.
Which report was concurred in, the bill read a second time and
ordered to be engrossed.
Mr. Satterwhite, chairman of the committee on banks, submitted
the following report :
Mr. Speaker:
Your committee on banks, to whom was referred House Bill No.
64, an act making the first day of January, the fourth day of July,
the twenty-fifth day of December, Thanksgiving, and the days of the
general elections. State and Presidential, holidays, and to regulate
the maturity of commercial paper falling due on said days, have had
the same under consideration and recommend that the bill pass.
Which report was concurred in, the bill read a second time and
ordered to be engrossed.
Mr. Woodard, chairman of the committee on fees and salaries,
submitted the following report:
Mr. Speaker:
Your committee to whom was referred House Bill No. 73, fixing
the per diem and mileage of members of the General Assembly, re-
port it back with the recommendation that it pass.
H. J.— 23
354
"Whieli report v:txs coccurred in, the bill read a third time and put-
npon its passage.
The question being, shall the bill pass?
Those who voted in the affirmative vjere, Messrs.
Anderson,
Henders n,
Eumsey,
Baker,
Isenhower,
Shirley,
Bowser,
Johnson,
Spellman,
Caiithorn,
Jones,
Strange,
Cobb,
Kimball,
Thompson, of Spencer,
Coffman,
Lent,
Walker,
Cole,
Martin,
Wesner,
Cowgill,
Miller,
Willard,
Durham,
Odle,
Willson, of Ripley^
Edwards,
ofLawrence,OflFutt,
Wood,
Gilford,
Ogden,
Woodard,
Gregory,
Peed,
Woollen,
Gronendy
ke,
Richardson,
Mr. Speaker — 41.
Hedrick.
Ri
ggs.
Tliose who voted in the negative were, 31essrs.
Baxter,
Billingsley,
Branham,
Brett,
Broaddus,
Butterworth,
Butts,
Clark,
Claypool,
Crumpacker,
Dial,
Eaton,
Ellsworth,
Eward,
Furnas,
Givan,
Glasgow,
Glazebrook,
Goble,
Goudie,
Hatch,
Heller,
Hollingsworth,
King,
Kirkpatrick,
Lenfesty,
McConnell,
McKinney
Mellett,
North,
Prentiss,
Reeves,
Reno,
Rudder,
Satterwhite,
Schmuck,
Scott,
Shutt,
Stanley,
Teeter,
Tingley,
Thompson, of Elkhart^
Trouttnau,
Whitworth,
Wilson, of Bl'kf d-45.
So the bill did not jDass.
35 o
Mr. Hedrick, chairman of the committee on rights and privileges,
submitted the following report:
Me, Speaker:
The committee on rights and privileges, to whom Avas referred
House Bill No. 1.32, entitled "An act defining wife-whipping and
prescribing punishment therefor," have had the same under consid-
eration and recommend that it be referred to the committee on the
judiciary.
Wliich was concurred in.
Mr. Rumsey, from the committee on rights and privileges, sub-
mitted the following report:
Mk. Speaker:
The committee on rights and privileges, to whom was referred
House Bill j\To, 156, have had the same under consideration, and
report it back, with the recommendation that it be referred to the
committee on temperance.
Which report was concurred in.
Mr. Furnas presented petitions from sundry citizens of Hendricks
and Marion counties, on the subject of temperance.
"Which were referred to the committee on temperance.
Mr. Clark presented petitions from sundry citizens of Hamilton
county, on the subject of temperance.
Which were referred to the committee on temperance.
Mr. Ogden, chairman of the committee on corporations, submitted
the following report :
Mpw Speaker:
The committee on corporations, to whom was referred House Bill
No. 105, entitled "An act to amend section eleven of an act for the
incorporation of manufacturing or mining companies, and companies
356
for mechanical, chemical, and building purposes, approved May 20,
1852 ; providing against the fraudulent sale, assignment, gift, or
transfer of stock for the payment and liquidation of the debts of
said conlpauies," have had the same under consideration, and recom-
mend that it lie on the table, and in lieu thereof the following bill,
marked '' A," be substituted therefor, for the reasons that the section
which said bill seeks to amend has been repealed :
A n act supplemental to an act entitled : " An act for the incor-
poration of manufacturing and mining companies, and companies for
mechanical, chemical, and building purposes," approved May 20,
1852.
Which report was concurred in, and the substituted bill read a
first time, and passed to a second reading without reference,
Mr, Richardson, from the committee on corporations, submitted
the following report :
Mr, Speaker :
The committee on corporations, to whom was referred House Bill
No. 143, entitled : ''An act to amend section one of an act entitled :
' an act to incorporate the University of Xotre Dame Du Lac, at
South Bend, St, Joseph county, Indiana," approved January 15,
1844 ; have had the same under consideration, and have directed me
to report the same back, with the recommendation that it lie on the
table.
Which report and bill,
Gn motion of Mr, Butterworth,
Was referred to the committee on the judiciary.
Mr. Gifford, chairman of the committee on cities and towns, sub-
Biitted the following report;
Mr, Speaker:
The committee on cities and towns, to whom was referred House
Bill No. 174, have had the same under consideration and have
357
directed me to report the same back, with a recommendation that it
pass.
Which report was concurred in^ the bill read a second time and
ordered to be engrossed.
Mr. Johnson, chairman of the committee on public expenditures^
submitted the following report:
Mil. Speaker :
Your committee on public expenditures, to whom was referred the
claims of Judson Applegate, Bernard B. Daily, C. B. Garrett, Wil-
liam Dunkle, and Joseph A. Sims, f)r compensation for services and
expenses as a Avitness before a committee of this House, have con-
sidered said claims and recommend the folloAving allowances to the
following persons :
To Judson Applegate the sum of. -^50.00
To Bernard B. Daily the sum of. 50.00
To C. B. Garrett the sum of 50.00
To William Dunkle the sum of. 27.60
To Joseph A. Sims the sum of 50.00
And your committee recommend that said claims be referi'ed to
the committee on ways and means, with instructions to insert the
same in their specific appropriation bill.
Which report was concurred in, and the report and claims referred
to the committee on ways and means, with instructions that the
claims be inserted in the specific appropriation bill.
Mr. Broaddus, from the select committee, submitted the following
report :
Mr. Speaker :
The select committee to whom was referred House Bill No. 172,
an act to provide for holding Common Pleas Court in the Sixth
Judicial District, have had the same under consideration, and
recommend its passage.
Which report was concurred in, the bill read a second time and
ordered to be eng^rossed.
358
IN'Ir. Baker ofiei'ed the following resolution.
Whekeas, The necessity exists for the building of a State Capi-
tal for the State of Indiana,
And Whereas, It is the duty of the General Assembly of this
State, to use all due diligence and economy in the construction of all
the public buildings owned by the State; therefore,
Be it resolved, That this General Assembly of the State of Indiana,
do hereby offer and award the sum of one thousand dollars as a
premium to any successful architect or architects who will or may
offer and present to this General Assembly, any plans and specifica-
tions that will be suitable and necessary for the construction of anew
(State Capital, and that such premium shall only be paid to such arch-
itect or architects, whose plans and specifications may be finally
adopted by this or any future General Assembly of this State; and.
Be it further resolved, That a committee of five members of
of this General Assembly be appointed, whereof three such members
shall be iTom the House, and two from the Senate, whose duty it
shall be to corresj)ond with the leading architects of this country,
and this committee is hereby empowered to receive any and all such
plans and specifications as may be presented to them, and that this
committee thereafter present all such plans and specifications to this
General Assembly, at or about the close of the next General
Assembly, for their inspection : Provided, however, That the State
tihall not be liable to any person or persons for the payment of any
plans and specifications so furnislied, except for such plans and
specifications, however, as may be finally adopted.
Which was adopted.
Mr. Gilford introduced
House Bill No 204. An act to regulate sales by guardians under
ordei's defective in not prescribing notice, and witliout finding it
would promote the interest of the ward's estate by dispensing with
such notice made by the Common Pleas Courts of this State,
Which was referred to the cojnmiLtee on the judiciary.
359
The following lucssage was received from the Senate by the Secre-
tary thei'eof.
Mr. Speaker :
I am directed by the President of the Senate to inform the House
that he has signed the following enrolled act of the Senate, to wit:
Senate Bill No. 65, au act granting the consent of the State of
Indiana, to the purchase by the United States, of certain lands for
the purpose of the erection of a public building at Indianapolis, and
■ceding jurisdiction over the same.
The following message was received from the Senate by the Secre-
tary thereof.
Mr. Speaker :
I am directed by the Senate to inform the House that the Senate
has passed the following joint resolution tliereof, to wit:
Senate Joint Resolution No. 2, a joint resolution in relation to the
two per cent, claims of Ohio, Indiana and Illinois, now pending before
Congress, and the same is herewith transmitted to the House for the
signature of the Speaker thereof.
Mr. Ellsworth introduced
House Bill No. 205. An act to divide the State into congres-
sional districts.
Which was read a first time and referred to the committee on
elections.
Mr. Cauthorn offered the following resolution :
Resolved, That the Principal Secretary of the Senate and the
Principal Clerk of the House of Representatives be allowed one
hundred and fifty dollars (-$150) each for indexing aiid superintend-
ing the printing of the Journals of their respective Houses, and the
committee on wajs and means insert such allowance in their, the
specific appropriation bill.
Which was adopted.
360
Mr. Echvardsj of Lawrence introduced
House Bill No. 206. An act to amend section one of an actj
entitled " An act to organize a Supreme Court^ and prescribing cer-
tain duties of the judges thereof," approved May 13, 1852, and pro-
viding an emergency.
Which was read a first time, and referred to the committee on the
organization of courts.
Mr. King presented the claim of Eliza Blake for allowance to
re-emburse the expenses incurred by her husband James Blake^
(deceased,) as State Commissioner of the Gettesburg Cemetry and
Monumental Association.
Which was referred to the committee on claims.
Mr. King presented a communication from the President, John IL
McKeen, of the Terre Haute Railroad Company.
Which was referred to the committee on the judiciary.
Mr. SatterAvhite introduced
Housv" Bill No. 207. An act to provide for the semi-annual col-
lection of taxes.
Which was read a first time, and referred to the committee on
ways and means.
Mr. Shirley introduced
House Bill No. 208. An act to legalize the official acts of the
several Boards of Trustees of the town of IMooresville, Morgan ccuinty,
Indiana, and to legalize the acts of the incorporation thereof, and all
other officers of tlie corporation under an act for the incorporation of
towns, and defining their powers, providing for the election of the
officers thereof, and declaring their duties, approved June 11, 1852,
And all by-laws, rules, regulations and proceedings adopted in pur-
suance thereof.
Which was read a first time, and referreo to the comraittee on..
corporations.
361
Mr. Shirley introduced
House Bill No. 209. An act relating to fencing railroads and
cattle guards thereof.
Which was read a first time^ and referred to the committee on
railroads.
Mr. Woodard offered the following resolution :
" S.esolved, That when this House adjourn, it adjourns to meet on
Monday at 2 o'clock p. M.
AVhich was adopted.
Mr. Glasgow presented a memorial from the Teachers' Institute of
Steuben county.
Which was referred to the committee on education.
Mr. Holliugsworth presented protests from sundry citizens, against
adopting the Indiana Medical College as a part of the State Univer-
sity.
Mr. Baxter introduced
House Bill No. 210. A bill to amend the twentieth section of an
act, approved May 13, 1869, and entitled " An act to establish a
Female Prison and Reformatory Institution, for girls and womeu^
and to provide for the oi-ganization and government thereof, and
making appropriations."
Which was read a first time, and referred to the committee on
reformatory institution.
Mr. Baxter introduced
House Bill No 211. An act supplemental to an act, entitled, '^'^n
act to establish a Female Prison and Reformatory Institution for
girls and women, and to provide for the organization and govern-
ment thereof, and making appropriations," approved May 13, 1869.
Which -was read a first time, and referred to the committee on
reformatory institutions.
362
Mr. Glasgow, from the committee ou the organization of courts,
submitted the following report:
Mr. SrEAKER:
Your committee to whom was referred House Bill No. 69, entitled
"An act to repeal an act, entitled, 'an act to create the Twenty-
seventh Judicial Circuit, providing for the appointment of a judge
and prosecuting attorney therein, and for their compensation,
declaring jurisdiction of the court in said circuit, and providing for
a transfer of actions thereto,'" approved April 23, 1869, have had
the same under consideration, and instruct me to report the same
back to the House, with the following amendments, viz :
Add to the title the following words, viz:
And providing for a transfer of actions and return of process to
tlie Circuit Courts, and declaring the jurisdiction of the Circuit and
Common Pleas Courts of the counties of Clark and Floyd, in
criminal cases.
Also, the following amendment, viz :
After section one insert, viz: Section 2. That all writs, subpoenas,
venues, rules, orders of court, recognances, publications and process
whatever, which may be issued from, or have been taken in, said
Twenty-second Judicial Circuit Court, shall be deemed and taken to
be and are hereby made returnable, and all transferred to the first
day of the first term of the Circuit Courts, viz: the Civil Circuit
Court, to be holden in the counties of Clark and Floyd, according
to law, next after the time of the taking effect of this act, and all
indiclraenls now pending in the said Twenty-seventh Judicial Cir-
cuit Court, shall be transferred to the Civil Circuit counties of Clark
and Floyd, for trial and final disposition, and such Circuit Courts
shall have complete jurisdiction of such indictments, recognances
and actions transferred.
Sec. 3. That the Circuit Courts of the counties of Clark and
Floyd, shall have jurisdiction of all felonies, and concurrent juris-
diction with the Common Pleas Court of said counties of Clark and
Floyd, of all misdeameanors, in the same manner as fully as is now
provided by law for Circuit and Common Pleas Courts throughout
the State of Indiana.
363
Sec. 4. That the Grand Juries of the counties of Clark and Floyd,
shallj from and after the taking effect of this act be summoned for
the Circuit Courts of the counties of Clark and Floyd, in the
manner now provided by law to take cognizance of felonies and
misdemeanors, as is now provided by law.
Sec. 5. That the Common Pleas Courts of the counties of Clark
and Floyd aforesaid, shall have concurrent jurisdiction in said
counties with the Circuit Court thereof, of all misdemeanors and
felonies as provided by the seventeenth section of an act to establish
the Courts of Common Pleas and defining the jurisdiction and
duties of and providing compensation for judges thereof, approved
May 14, 1852, and when so amended your committee recommend
its passage.
Which report was concurred in and the amendment adopted.
Mr. Willard moved to suspend the Constitutional rule, have the
bill read the second time, considered as engrossed, and put upon its
passage.
The question being, shall Constitutional rule be suspended ?
Those who voted in the affirmative were, Messrs.
Anderson, Glasgow, Odle,
Baxter, Glazebrook, Ogden,
Billingsley, Goble, Prentiss,
Brett, • Gronendyke, Reeves,
Broaddus, Hatch, Eeno,
Cauthorn, Heller, Richardson,
Clark, Henderson, Riggs,
Claypool, Hollingsv/orth, Rudder,
Coffman, Isenhower, Rumsey,
Cowgill, ■• Kimball, Satterwhite,
Durham, King, Schmuck,
Eaton, Kirkpatrick, Scott,
Edwards, of Lawrence,Lenfesty, Shirley,
Ellsworth, Lent, Shutt,
Eward, Martin, Spellman,
Furnas, McConnell, Stanley,
Gifford, c McKinney, Strange,
Givan, Miller, Teeter,
364
Thayer, - "Walker, Wood,
Tingley, Whitwortb, Woodard,
Tliompsou, of Elkhart, AVillard, AYoolleu,
Thompson, of Spencer, AVilson, of Blackford, Mr. Speaker — 68.
Troutmau,
Those who voted in the negative loere, Messrs.
Branham,
Dial,
Jones,
Baker,
Goudie,
North,
Butts,
Hedrick,
AVesner — 10,
Crum packer,
So the constitutional rule was suspended, the bill read a second
time and considered as engrossed, when
On motion, by Mr. Baker,
The bill was laid on the table.
Mr. Butts introduced
House Bill No. 212. An act defining the misdemeanor of keep-
ing houses of ill-fame, the renting or leasing of property to be used
as a house of ill- fame and prescribing punishment therefor, and pre-
scribing certain rules of evidence in prosecution for such offenses.
Which was read a first time and
Beferred to committee on reformatory institutions.
Mr. Anderson was granted leave of absence until Tuesday morn-
ing next.
Mr. Woollen was granted leave of absence until Wednesday
next.
Mr. Schmuck was granted leave of absence until Tuesday next.
Tlie joint committee on enrolled bills, submitted the following
report. *■
365
Mr. Speaker:
Your committee on enrolled bills, would report that they have
presented House Bill No. 22, to the Governor for his signature,
ihis the 7th day of December, 1872.
I On motion of Mr. Cauthorn,
1:
w The House adjourned until 2 o'clock, Monday next.
366
MONDAY AFTERNOON,
December 9, 1872, 2 o'clock.
The House met pursuant to adjournment, with the Speaker in the
Chair.
The journal of yesterday was read in part, when, on motion, fur-
ther reading of the same was dispensed with.
The Speaker announced the following special committee on Mr.
Baker's resolution offering an award of $1,000 for plans and specifi-
cations for a new State House :
Messrs. Cobb, Baker, Branham, Brett and Kimball.,
Mr. Edwards, of Lawrence, chairman of the committee on elec-
tions, submitted the following report :
Me. Speaker:
Your committee on elections, to whom was referred the credentials
of members elect of this House, beg leave to report that they have
examined the same, and find that each menber is duly elected.
Mr. Walker, chairman of the committee on the judiciary, submit-
ted the following report:
Mr. Speaker :
The committee on thejudiciary, to whom was referred House Bill
No. 131, being a bill for the prevention of cruelty to animals, have
had the same under advisement, and instruct me to report the same
back to tlie House, recommending that the same be indefinitely post-
poned, and the accompanying bill be^substituted therefor and passed
by the House.
367
Which report was concurred in and the bill indefinitely postponed
and the following bill substituted in lieu thereof:
An act defining cruelty to animals, declaring it a misdemeanor^
and providing a penalty therefor.
Which was read a first time and passed to a second reading.
Mr. li\'illson, of Ripley, from the committee on the judiciaryj
submitted the following report :
Mr. Speaker :
Your committee on the judiciary, to whom was referred House
Bill iSo. 190, entitled an act to amend sections twenty-five and
twenty-six of an act regulating descents and the apportionment of
estates, approved May 14th, 1852, have carefully considered the
same, and request me to report the same back to the House with the
recommendation that the accompanying bill be substituted therefor^
and that such substituted bill do pass.
Which report was concurred in and the bill indefinitely postponed,
and the following bill substituted in lieu thereof:
An act to amend sections twenty-five and twenty-six of an act
entitled "An act regulating descents and the apportionment of estates,'^
approved May 14th, 1862.
Which was read a first time, the bill laid on the table aud two
hundred copies ordered to be printed.
The following message was received from the Senate, by the Sec-
retary tiiereof:
Mr. Speaker:
I am directed by the Senate to inform the House that the Senate
has passed the following engrossed bill thereof, to- wit:
Engrossed Senate Bill No. 85, entitled "An act to provide for the
payment of sundry bonds or stock of the State of Indiana, issued
prior to the year 1841," and declaring an emergency, and the same
Is hereby transmitted to the House,
368
Mr. Buskirk, from the committee on the judiciary, submitted the
following report :
Mr. Speaker :
The committee on the judiciary, to whom was referred House Bill
No. 202, entitled " An act to amend an act entitled ' an act prescrib-
ing the powers and duties of coroners,' " approved May 27, 1852, do
now report that said committee has carefully considered said bill
and recommend that it be indefinitely postponed.
Which report was concurred in and the bill indefinitely postponed.
Mr. Wilson, of Ripley, from the committee on the judiciary sub-
mitted the following report :
Mr. Speaker :
Your committee on the judiciary, to whom was referred House Bill
No. ] 32, entitled " An act defining wife whipping and prescribing
punishment therefor," have had the same under consideration, and
request me to report the same back to the House with a recom-
mendation that it be indefinitely postponed, there being ample pun-
ishment already provided by law for such offense.
The question being, shall the report be concurred in and the bill
indefinitely postponed?
The ayes and noes being demanded by Messrs. Kimball and
Willard,
Those who voted in the affirmative were, Messrs.
Brett,
Gifford,
McConnell,
Broaddus,
Givan,
McKinney,
Buskirk,
Goble,
Mellett,
Butter worth,
Goudie,
Miller,
Claypool,
■ Groaendykcj
North,
Cline,
Hedrick,
Ogden,
Dial,
Heller,
Prentiss,
Edwards, of Lawrence,Hollingsworth,
Reno,
Ellsworth,
Jones,
Riggs,
Furnas,
Lent,
Rudder,
Shutt,
Smith,
Stanley,
Strange,
Teeter,
369
Thompson, of Spencer, "Wilson, of Blackford
Troutman, Wilson, of Ripley.
Tulley, Wood,
Walker, Woollen,
Wosner, Wyuu — 47.
Whitworth,
Those who voted in the negative were, 3Iessrs.
Barrett,
Bowser,
Butts,
Clark,
Cobb,
Cowgill,
Crunipucker,
Eaton,
Eward,
Glasgow,
Glazebrook,
Hardesty,
Hatch,
Henderson,
Johnson,
Kimball,
King,
Lenlesty,
Martin,
Odle,
Offiitt,
Peed/
Heeves^
Scott,
Spellman^
Tingley,
Thompson, of Elkhart,
T\lllard,
Mr. Speaker— 29.
So the report of the committee was concurred in, and the bill
indefinitely postponed.
The joint committee on enrolled bills submitted the following
report ;
Mjr. Speaker:
Your committee to whom was referred House Bill No. 92,
entitled " An act to amend an act to establish a House of Refuge,"
have compared said enrolled bill and find that the same is correct.
The joint committee on enrolled bills submitted the following
report:
Mr. Speaker:
Your joint committee to whom was referred House Bill No. 98
entitled " An act to make certain specific appropriations," have
carefully compared said enrolled act with the engrossed copy and
find the same correct.
H. J.— 24
370
Mr. Miller, from the committee on the judiciary, Submitted the
folio win^^ report :
Mr. Speaker :
^ Your committee on the judiciary to whom was referred House Bill
No. 157, entitled '' An act authorizing the refunding of taxes
collected in certain counties in the State of Indiana for the years
1869 and 1870, upon erroneous and void assessments upon real
estate made by the District Board of Equalization in the year 1869,"
have had the same under consideration and direct me to report the
same back with the recommendation that it be indefinitely
postponed.
On motion,
The report and bill were laid on the table.
Mr. Johnson, from the committee on the judiciary^ eubmitted the
following report :
Me. Speaker :
Your committee on the judiciary to whom was referred House
Bill No. 112, entitled "A bill to render wives competent to testify
in actions brought for injuries done to them," have considered said
bill and recommend that after tlie words, " for injuries done to" in
line four of section one of said bill, the words, " the person or
character of," be inserted so that said line four shall read as follows:
" For injuries done to the person or character of the wife ;" and
when said bill is so amended, your committee recommend that the
same pass.
Which report was concurred in and the amendment adopted, the
bill read a second time and ordered to be engrossed.
Mr. Riggs, chairman of the committee on claims, submitted the
following report:
Mr. Speaker : ,
The committee on claims, to whom was referred the claim of Wil-
liam Williams on account of rent of room for committee, amounting
3tl
to $89,60, have had the same under consideration and recommend
that be be allowed $80,00, that being the amount less interest, and
that the same be referred to the committee on ways and means and
incorporated in specific allowances.
Which report was concurred in and the claim so referred.
Mr, Riggs, chairman of the committee on claims, submitted the
■following report:
Mr. Si'EAKER :
Your committee on claims to whom was referred the papers in
reference to the appointment of W. H, Slocum, as Doorkeeper of the
committee rooms, have had the same under consideration and recom-
mend that he be paid the usual allowance from the beginning of the
session, and that the Speaker draw his warrant for the same.
Which report was concurred in,
Mr. Riggs, chairman of the committee on claims, submitted the
foliowiiig report :
Mr. Speaker : -
The committee on claims having appointed Samuel T. Piatt
clerk of the same, and said Piatt having performed the duties from
its organization, recommend that the usual allowance be paid him for
the same.
Which report was concurred in.
Mr. Riggs, chairman of the committee on claims, submitted the
■following report:
Mr. Speaker :
The committee on claims to whom was referred the papers in ref-
erence to the appointment of John J. Vance, janitor to House com-
mittee rooms, have had the same under consideration and recommend
that he be paid the usual allowance.
Which report was concurred in.
372
Mr. Shutt, from tlie committee on claims submitted the following
report :
Mk. Speaker: , .
The committee on claims, to whom was referred the claim of Isaac
Ruby for ^24.00, on account of digging well, us per order of Colonel
Benj. Spooner, have had the same under consideration, and recom--
mend that it be not allowed.
^Vhich report was concurred in.
Mr. 81uitt, from the committee on claims, submitted rhe following
report:
Me. Speaker :
Tiie committee on claims, to whom was referred the petition o
Eliza Blake for expenses incurred by her husband as Commissioner
for the State of Indiana in the matter of the Gt ttyshurg Monumental
and Cemetery Association, amounting {o the sum of |2oO, have had
the same under consideration, and recommend that that amount be
allowed an<l reJerred to the committee oi ways and means and incor-
porated in Hpecifi(! allowance.
Which report was concurred in. *
Mr. Cobb, from the committee on claims, submitted the following
report :
Mr. Speaker :
The committee on claims, to whom was referred the petition of
Jonathan Gordon for payment of f 750 for services as counsel in the
case of the Auditor of State against the State of Indiana, have had
tlie same under careful consideration, and the committee find that he
has received, in part payment for said services, the sum of |250; and
that, in their judgment, an additional allowance of $250 would be a
just compensation for said services, and I am therefore instructed by
the committee to recommend that ^250 additional be allowed and
the same be referred to the committee of ways and means and incor-
porated in specific allowances.
Which report was concurred in.
373
Mr. Cobb, from the committee on claims, submitted the following
report :
Mr. Speaker :
The committee on claims, to whom was referred the resolution in
reference to the claim of Robert S. Taylor for expenses incurred in
defending his seat against the contest of William B. Walters, have
had tlu-! same under consideration, and recommend that no allowance
be mad'.'.
Which report was concurred in.
Mr. Thompson, of Elkhart, chairman of the committee on county
and town.ship business, submitted the following report,
Mr. Speaker:
Your committee on county and township business, to whom was
referred House Bill No. 187, entitled an act to prohibit township
■trustees from levying taxes upon the inhabitants of incorporated
towns, on the real or personal property of the said inhabitants situ-
ated therein, repealing all laws or parts of laws in conflict therewith
and declaring an emergency, have had the same under consideration
and report the same back to the House with the recommendation
that it pass.
Which report was concurred in, the bill read a second time and
ordered to be engrossed.
Mr. Thompson, of Elkhart, chairman of the committee on county
and township business, submitted the following report.
Mr. Spp:aker; .
Your committee on county and township business, to whom was
referred House Bill No, 123, "An act prescribing time for the tran-
saction of road business, and for appointment of superintendent and
physician for poor,^' have had the same under consideration, and
direct me lo report the same back with the recommendation that it
Which report was concurred in, the bill read a second time, and
ordered to be engrossed.
374
Mr. Kimball, chairman of the committee on soldiers' monument.,
submitted the following report.
Me. Speaker :
The select committee to whom was referred Hor.se Bill Nu. 124.
to provide for the construction of a State monument to the memory
of Indiana soldiers, have had the same under consideration. I am.
directed to report the following amendments, and ask the concur-
rance of the House thereto.
With these amendments the committee recommend the passage of
the bill :
Add the following provision to the end of section 7: Provided,
That not more than one-third of the sum appropriated in this section
shall be expended in any one year, and no portion of the same shall
be drawn from the treasury except on the order of the Board of
Managers, appproved by the Governor of State; And, Provided Fur-
ther, that before any portion of said money shall be drawn from the
treasury, there shall be subscribed and collected toward the construc-
tion of said monument by private subscription or otherwise, to the
satisfaction of the Board of Managers, the additional sum of fifty
thousand dollars, as contemplated in section 8.
Which report was concurred in, the amendments adopted, the bill
read a second time, and ordered to be engrossed.
The following message was received from the Senate, by the Sec-
retary thereof:
Mr. Speaker:
I am directed by the President of the Senate to inform the House
of Representatives that he has signed Enrolled Act of the House
No. 98, entitled '' An act to make certain specific appropriations
therein mentioned."
The following message was received from the Senate, Ijy the Sec-
retary tiiereof :
,375
Mr. Speaker:
I am directed by the President of the Seriate to inform the House
that he has signed enrolled act of the House, to-wit :
Enrolled Act No. 92. An act to amend an act entitled " An act
to establish a House of Refuge for the correction and reformation of
juvenile offenders," approved March 8, 1867, and repealing section
11 of said act, and the same is herewith returned to the House,
Mr. Heller moved to reconsider the vote had on House Bill
No. 73.
On motion of Mr. Olfutt,
The reconsideration of the same made a special order for
Wednesday next at 2 o'clock, p. M.
Mr. Smith being absent when the vote was taken on House Bill
No. 73, requested that the Journal show that if he had been present
he would have voted in the negative.
k
Mr. Cline introduced '
House Bill No. 215. An act to create the Judicial Circuit to
authorize the appointment of a Judge and Prosecuting Attorney
therefor, to fix the time of holding courts therein, and to transfer the
county of Union from the Twenty-sixth Circuit to the Twenty-
fourth Circuit.
Which was read a first time and referred to the committee on the
judiciary.
Mr. Wesner introduced
House Bill No. 216. An act defining and making it a misde-
meanor for Prosecuting and District Attorneys and Deputy Prosecu-
ting and Deputy District Attorneys to receive any gift, bribe, reward
or fee from any person or persons charged with having committed a
felony or misdemeanor, prescribing punishment therefor, and declar-
ing an emergency ibr the same.
Which was read a first time, and referred to the committee on the
judiciary.
376
Mr. Willard, presented a petition from the commissioners of
Floyd ooiinty, praying for the repeal of the fee and salary law.
Which was referred to the committee on fees and salaries.
Mr. "Martin offered the following joint resolution, No. 10:
L'esolved, (by the General Assembly of the State of Indiana),
That our Senators in Congress be instructed and our Representatives,
requested to use tlioir influence in the passage of a law to allow
every soklier and officer of the army, and every seaman, marine and
officer of the navy, who served for not less than ninety days in the
army or navy of the United States, during the recent rebellion, and
who was honorably discharged, an assignable land warrant for 160
acres of the public land : Provided, The same may be located by the
soldier, his heirs, or assignee, upon any of the unentered public
lands of the United States, including the double minimum lands,
being the alternate reserve sections of any public lands along the
"line of any railroad or other public works.
Which joint resolution was read a first time and referred to the
committee on federal relations.
Mr. Biiskirk offered the following resolution :
Wheki<:a8, The Governor has recommended, in his message deliv-
ered before this General Assembly, that inasmuch as it has been the
custom heretofore to place the original manuscript of the proceedings
of the General Assembly in the printer's hands, being under the super-
vision of the Secretary and Clerks of such Houses resspectively, that
the original manuscript copy of the Journal be bound in permanent
form and preserved in the office of Secretary of State, and copies
thereof be furnished the printer ; therefore,
Resolved, That the Clerk and Assistant Clerk of this House be
instructed to have the original manuscript of the Journal of this
House bound in permanent form and filed by them in the office of
the Secretary of State, and that a copy of said original manuscript
Journal be fui-nished to the printer, and be printed under the direc-
tion of the Clerk and Assistant Clerk of the. House.
Which was adopted.
377
Mr. Lenfesty moved to reconsider the vote on House Bill No. 90.
Which motion, by unanimous consent, was agreed to.
Mr. Clark offered the following resolution:
Resolved, That the committee on the judiciary be instructed to
inquire into tlie expediency of abolishing the death penalty in this
State and subt^tituting therefor imprisonment at hard labor for life,
and that the committee report by bill or otherwise.
Which was not adopted.
M". Hedrick presented a petition of sundr}{ citizens on the subject
of temperance.
Which was referred to the committee on temperance.
Mr. Cobb introduced
H(Hi,<-e Bill No. 217. An act, entitled ''An act concerning
proroisory notes," approved May 12, 1852, and declaring an
emergency.
Which 1)111 was read a first time and passed to a second reading
without reference.
Mr. Kimball moved to reconsider the vote on the resolution
offered by Mr. Clark, in relation to abolishing the death penalty.
Which motion by unanimous consent was a agreed to, and,
On motion,
The resolution was referred to the committee on the judiciary.
Mr Wilson, of Ripley, introduced
House Bill No. 218. An act to amend section two hundred and
€ight of an act, entitled " An act to revise, simplify and abridge
the rulea of practice pleadings and forms in civil cases in the Courts
of this State to abolish di-stinct forms of action at law, and to
provide for the administration of justice in a uniform mode of
pleading and practice without distinction between law and equity,"
approved June 18, 1852.
378
Which bill was r^aJ a first time and referred to the committee on
the organization of courts.
Mr. Glazebrook introduced
House Bill No. 219. An act to regulate the sale of drugs and
medicines and fixing penalties for the violation of the same.
Which bill was read a first time and referred to the committee on
the affairs of the city of Indianapolis.
Mr .Jolmson presented the claim of James N. Kimball for $250,
for legal services in Huff vs. Kimball, Treasurer of State.
Which was referred to the committee on claims.
Mr. Johnson introduced '
House Bill No. 220. An act to amend the first section of an act
to organize a Supreme Court and prescribing certain duties of the
Judges thereof, approved May 13, 1852.
Which bill was read a first time and referred to the committee on
elections.
Mr. Jolmson was called to the chair by the Speaker.
Mr. Peed introduced
House Bill No. 221. An act to provide for recording certain
leases of real estate therein montioned, and prescribing penalties for
violating this act.
Whereas, It has been represented to this General Assembly that
in many counties in this State large tracts of land have been leased
for the purpose of developing the mineral resources of such sections,
and that the same have not been recorded , and
Whereas, The failure to report such leases is calculated to work
a great injury to many citizens thereof.
Which was read a first time and referred to the committee on the
judiciary.
379
Mr. Butts introduced
House Bill No. 222. An act to suppress tippling houses ; to regu-
late the Bale,bai-tering and giving away of spirituous and malt liquors,
wine and other intoxicating liquors ; to punish public exhibitions of
drunkenness, and to provide penalties for the violation of this act;
to repeal all laws inconsistent therewith, and declaring an emergency.
Which was read a first time and referred to the committee on
temperance.
Mr. Riggs introduced
.House Bill No. 'I'lS. An act defining Avhat counties shall consti-
tute the Thirtieth Judicial Circuit, and fixing the time for holding
court therein ; providing for the return of process, declaring a
vacancy in the office of judge, and declaring an emergency.
Which was read a first time and referred to the committee on the
organization of courts.
Mr. Edwards of Vigo, introduced
House Bill Xo. 224. An act to amend the first section of an act
approved January 14, 1846, entitled "An act to incorporate the
Female Seminary of St. Mary's of the Woods, in Yigo county,
Indiana, by authorizing schools for youth, an orphan asylum, a
hospital and other works of charity by said corporation.
Which was read a first time, and referred to the committee on the
udiciary.
The Speaker took the chair.
Joint resolution No. 2, was taken from the Speaker's table, ready
and put upon its passage.
A joint resolution in relation to the two per cent, claim of Ohio,
Indiana and Illinois, now pending before Congress.
Whereas, there is a bill now pending before the Congress of the
United States in relation to the two per cent, claims of the States
aforesaid; the substantial part of which reads as follows: That the
true inteut andmeauing of the second section of the act approved
Mareh 3, 1857, entitled "An act to settle certain accounts between
the United States and the Slate of Mississippi and other States — is
that all the other States to wit: Ohio, Indiana and Illinois, which,
iiave not received the full amount of their five per cent, of the net;
proceedn of the sale of the public lands lying within their respective
limits as mentioned in their several enabling acts in money, shall
■have their accounts stated both on the public lands and reservations,
and such cash balance as has not been paid to said States allowed
and paid, and
WiiKUKAS, In the judgment of this General Assembly, the pro-
visions of the said bill, are just, and ought to become a law,
therefore
Be it Refiolved by the General Assembly of the State of htdiana; ;
That our Senators in Congress be and they are hereby instructed, ,
.and our Representatives requested to vote for said bill, and use their r
influence to secure its speedy pa.ssage.
Be it further resolved, That the Governor be and is hereby re-
quested to transmit a copy of this joint resolution to each of our
Senators and Representatives in the Congress of the United States.
The qeslion beiug, shall the joint resolution pass?
Those icho voted in the affirmafive were Messrs.
Barrett,
Eward,
Jones,
Billing ley,
Furnas,
Kimball,
Brett,
Giflord,
King,
Broaddus,
Givan,
Lenfesty,
Butts,
Glasgow,
Lent,
Clark,
Glazebrook,
Martin,
Cline,
Goble,
McConnell,
Cobb,
Goudie,
McKinney,
Cowgill,
Gronendyke,
Miller,
Crumpacker,
Hatch
North,
Dial,
Hedrick,
Odle,
Eatouj
Heller,
Offut,
Edwards, of Lavvrence,Henderson,
Ogdeu
Ellsworth,
Hollingsworth,
Peed,
Prentiss,
Reeves,
Reno,
Ri-ggP,
Rudder,
Runisey,
Scott,
Shutt,
Smith,
Spellmaii,
Stanley, Wesner,
Strange, Whitvvorth,
Teeter, Willard,
Tinglev, Wilson, of Blackford,.
Thompson, of ElkViart,WiIlson, of Ripley,
Thompson, of Spencer, Wood,
Troutman, Woollen,
Tulley, Wynn,
Walker, Mr. Speaker — 70.
No one voting in the negative.
So the joint resolution passed.
The que^^tion being, shall the title as read stand as the title of the
resolution ?
. ■ ■ ■
It was so ordered.
Senate Bill No. 85 was taken from the Speaker's table and read a
first time.
Mr. Kimball moved to suspend the constitutional rule, have the
bill read a second time by title, and make the same a special order
for to-morrow morning at 9 o'clock.
The question being, shall the constitutional rule be susjiended ?
lliose vjIio voted in the affirmative were, Messm.
Billlngsley,
Crurn packer,
Hardesty,
Bowser,
Dial,
Hat(!h,
Brett,
Eaton,
Hedrick,
Broad d us.
Edwards, of L
awrence, Heller,
Buskirk,
Ellsworth,
Henderson,
Butterworth,
Eward,
Ilollingsworth
Butts,
Furnas,
Johnsoii,
Clark,
Gifiord,
Kimball,
Cliue,
Glasgow,
King!
Cobb,
Glazebrook,
L/enfesty,
Cole,
Goudie,
Lent,
Cowgill,
Gronendyke,
Martin,
382
McConnell,
Runisey,
Troutman,
McKinney,
Scott,
Walker,
Miller,
Smith,
Wesner,
North,
Spellman,
Wilson, of Blackford,
Odle,
Teter,
Willson of Ripley,
Ogden,
Tingley,
Wood,
Prentiss,
Thompson, of Spencer, Wynn,
Reeves,
Thompson, of Elkhart,Mr. Speaker — 61.
Riggvs
57(0,96 who voted in the negative
•were, Messrs.
Barrett,
lleno,
T alley
Givan,
Rudder,
Whit worth.
Offutt,
Shutt,
Willard— 11.
Peed,
Stanley,
So the constitutional rule was suspended, the bill read a second
time by title and made a -special order for 9 o'clock to-morrow
morning.
On motion of Mr. Cobb,
The House adjourned until to-morrow at 9 o'clock.
383
TUESDAY MOENING,
December 10, 1872, 9 o'clock.
The House met pursuant to adjournmeat witli the Speaker in the
chair.
The Journal of yesterday was read in part, when, on motion, the
further reading of the same was dispensed with.
SPECIAL ORDER.
The special order being the consideration of the majority and
minority reports from the committee on ways and means upon House
Bill No. 129 at nine o'clock A. M.
Whereupon Mr. Shirley moved to recommit House Bill No. 129
to the committee on ways and means with the following instructions :
Mr. Speaker:
The undersigned move to recommit House Bill No. 129 to the
<;ommlttee on ways and means with instructions to insert the follow-
ing section to said bill, to wit :
That no bond or bonds, certificate or certificates, or any part
thereof, or interest accrued thereon, shall be paid under the provis-
ions of this bill that are not declared liens upon the Wabash and
Erie Canal, that was conveyed by the State under what is known as
the " Butler Bill."
Mr. Kimball moved to lay the instructions offered by Mr, Shirley
on the table.
Messrs. Shirley and Richardson demanded the ayes and noes.
I
884
The question being, shall the instructions offered by Mr. Shirley-
be laid upon the table ?
Those, who voted in the affirmative vjere, Messrs.
Anderson,
Baxter,
Billingsly,
Bran ham,
Broadus,
Butterworth,
Butts,
Cauthorn ,
Clark,
Ciiiie,
Cobh,
Cole,
Cowgill,
Gifford,
Glasgow,
Glazebrook,
Goble,
Goudie,
Ilardesty,
Hedricik,
Keller,
Hollingsworth,
Kimball,
Lenfesty,
Mellett,
Miller,
P^d wards, of Lawrence,North,
Eward, Odle,
Furnas,
Ogden,
Reeves,
Riggs,
Rumsey,
Seott,
Tiugley,
Thompson, of Elkhart,
Troutman,
Walker,
Wilson, of Blackfordj
Willson, of Ripley,
Wood,
Woodard,
Wynn,
Mr. Speaker — 46.
lliose who voted in the negative were, Me8sr$.
Baker,
Bowser,
Busk irk,
Claypool,
Coffman,
Crumpacker,
Dial,
Durham,
Eaton,
Ellsworth,
Givan,
Gregory,
Henderson,
Hoyer,
Isenhower,
Jones,
Martin,
McConnell,
McKinney,
Otlut,
Veed,
Pfrimmer.
Reno,
Richardson,
Rudder,
Schmuck,
Shirley,
Shutt,
Smith,
Spellraan,
Strange,
Teeter,
Wesner — 32.
So the instructions were laid upon the table.
Mr. Kimball moved to lay House Bill 129 upon the table.
The ayes and noes were demanded by Messrs. Shirley and
Richardson.
385
The question being, shall House Bill No. 129, be laid upon the
table ?
voted in the affirmati
ve werej'3Tessrs.
Goudie,
Reeves,
Gregory,
Kicihardson,
Gronendyke,
Riggs,
Hardesty,
Rudder,
Hatch,
Runisey,
Pledrick,
Sell muck,
Heller,
Scott,
Henderson,
Shirley,
HoUingsworth,
Shutt,
Hoyer,
Smith,
Isenhower,
Spell man,
Jones,
Stanley,
Kimball,
Strange,
King,
Teeter,
Leii testy,
Tingley,
Lent,
Thorn pson,^of Elkhart,
jNIartin,
Thompson, of Spencer,
McConnell,
Trout man,
,McKinneyj
Walker,
Mellett,
Wesner,
Miller,
AV hit worth,
North,
Wilson, of Blackford,
Odie,
Willson, of Ripley,
Offutt,
Wood,
Ogden,
Woodard,
Peed,
Wynn,
Pfrimmer,
Mr. Speaker — 81.
Andei'son,
Baker,
Billingsley,
Baxier.
Bowser,
Branh.am,
Broaddus,
Buttei'worth,
Butfs,
Caiiiliorn,
Clark,
Cline,
Col)b,
Co If man,
Cole, ..
Crumpacker,
Dial,
Diirliam,
Edv\ar(!s of Lawr
Ellsworth,
Ewan!,
Furnas,
Gilford,
Givan,
Glasgow,
Glazebrook,
Goble,
Mr. Claypool voting in the negative.
So the bill was laid upon the table.
Mr. Kimball moved to take up Senate Bill No. 85.
Whereupon, Mr. Bowser moved to re-commit the bill to the com-
mittee on ways and means with the following instructions :
Besolved by the General Assembly of the State of Indiana, That
the Trustees of the Wabash and Erie Canal be instructed to appeal
H, J,— 25
386
the case] recently tried and determined in the Cass County Circuit
Court, in the State of Indiana, to the Supreme Court of the State,
wherein John W. Garrett was plaintiff and said trustees were defend-
ants; and to employ competent counsel to defend said suit in said
Supreme Court ; and the faith of the State is hereby pledged for the
payment of such judgment and costs as may be rendered against
said trustees in said court on such appeal, as well as for expenses and
attorneys therein.
Mr. Walker moved to lay the motion and instructions offered by
Mr. Bowser on the table.
Whereupon, the ayes and noes were demanded by Messrs. Offutt
and Gregory.
The question being, shall the motion and instructions offered by
Mr, Bowser be laid upon the table?
Those who voted in the affirmative were Messrs.
Anderson,
Baxter,
Billingsley,
Branham,
B road d us,
Butte rworth,
Butts,
Cautborn,
Clark,
Clay pool,
Cline,
Cobb,
Cole,
Cowgill,
Crumpacker,
Hardesty,
Hatch,
Hedrick,
Hollingsworth,
Hoyer,
Johnson,
Jones,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lent,
Mellett,
Miller,
McConnell,
Edwards, of Lawrence,North,
Eward, Odle,
Furnas, Ogden,
Gifford, Pfrimmer,
Glasgow, Prentiss,
Glazebrook, Reeves,
Gronendyke, Richardson,
Rudder,
Rurasey,
Schmuck,
Scott,
Shirley,
Spell man.
Strange,
Teter,
Thayer,
Tingley,
Thompson, of Elkhart,
Thomson, of Spencer,
Troutman,
Walker,
Wesner,
Wilson, of Blackford,
Willson, of Ripley,
Wood,
Woodard,
Wolflin,
Wynn,
Mr. Speaker— 70.
387
Those who voted in the negative were, Messrs.
Bowser, Heller, - Peed,
Coffman, Henderson, Shutt,
Diid, Isenhower, Stanley,
Durham, Martin, Tulley,
Eaton, McKlnney, Wiiitworth,
Ellsworth, Offutt, Willard— 19.
Givau,
So the motion and instructions, offered by Mr. Bowser, were laid
upon the table.
Mr. Shirley moved to recommit Senate Bill No. 85 to the
committee on ways and means with the following instructions:
Mr. Speaker:
The undersigned moves to refer Senate Bill No. 85 to the
committee on ways and means with instructions to insert in said
bill the following section to- wit : That the bond or bonds, certificate
or certificates, or any interest accrued thereon, shall be paid under
the provisions of this act that are not liens upon the Wabash and
Erie Canal, conveyed under what is known as the Butler Bill by
the State of Indiana to the holders of certain bonds therein
specified.
Mr. Walker moved to lay the motion and instructions offered by
Mr. Shirley on the table.
i The ayes and noes were demanded by Messrs. Buskirk and
Smith.
The quustion being, shall the motions and instructions offered by
^Ir. Shirley be laid upon the table ?
Those who voted in the affirmative were, Messrs.
Anderson,
Baxter,
^illingsley,
Butts,
Cauthorn,
Clark,
Cowgill,
Crumpacker,
Durham,
3ranham,
^roaddus,
Cobb,
Cole,
Edwards, of Lawrence^
Eward,
388
Furnas,
Gifford,
Glasgow,
Glazebrook,
Goudie,
Gronendyke,
Hardesty,
Hatch,
Hedrick,
Hollingsworth,
Johnson,
Jones,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lent,
I\rcConnell,
Mcllett,
Miller,
North,
Odle,
Ogden,
Prentiss,
Peeves,
Eumsey,
Satterwhite,
Scott,
Thayer,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Trout man.
Walker,
Wessner,
Wilson, of Blackford,
Willson, of Ripley,
Wood,
Woodard,
Wolflin,
Wynn,
Mr. Speaker — 57.
Those vjho voted in the negative were, Messrs.
Bowser,
Heller,
Schmuck,]
Brett,
Henderson,
Shirley,
Bus kirk,
Hoyer,
Shutt,'
Claypool,
Martin,
Smith,
Cline,
^IcKinney,
Spell man,
Coilnian,
Olfntt,
Stanley,
Dial,
Peed,
Strange,
Eaton,
Pfrimmer,
: Teeter,
Ellsworth,
Peno,
Tulley,
Givan,
Richardson,
Whitworth,
Goble,
Rudder,
Willard— 35
Gregory,
So the motion and instructions offered by Mr. Shirley were laid
upon the table.
AVhereupon, Senate Bill No. 85 was read a third time and put
upon its passage.
The question being, shall the bill pass ?
Those who voted in the affirmative were, Messrs.
Baxter,
Billingsley,
Branham,
Broaddua,
Butterworth,
Butts,
389
Clark,
Cobb,
Cole,
Cowgill;
Crurapacker,
Edwards, of Law
Eward,
Furnas,
Giilbrd,
Glasgow,
Glazcbrook,
Goudie,
Grondyke,
Hardest}',
Hatch,
Hedrick,
Holliiigpworth,
Johnson,
Kimball,
King,
Kirkpatrick,
Lenfesty,
reuce,Lent,
McConnell,
Mellett,
Miller,
North, .
Odle,
Ogden,
Prentiss,
Reeves,
Riggs,
Rumsey,
Satterwhite,
Scott,
Thayer,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Trout man,
Walker,
AVesner,
Wilson, of Blackford,
Willson, of Rijjley.
Wood,
Woodard,
Womiu,
Wynu,
Mr. Speaker — 5'').
Those loho voted in the negative were, Messrs.
Anderson,
Bowser,
Brett,
Buskirk,
Cauthorn,
Claypool,
Cline,
Cofl'man,
Dial,
Durham,
Eaton,
Ellsworth,
Givan,
Goble,
Gregory,
Heller,
Henderson,
Hoyer,
Isenhower,
Jones,
Martin,
McKinney,
Offntt,
Peed,
Pfrimmer,
Reno,
Richardson,
Rudder,
Schmuck,
Shirley,
Shutt,
Spellman,
Stanley,
Strange,
Teter,
Tulley,
Whitworth,
Willard— 39.
Mr. Shirley presented the following protest :
Mr. Speaker :
I ofFtr the following protest against the passage of Senate Bill No.
85 for the reason that it provides for the payment of bonds and cer-
tificates that the faith of the State is not pledged to pay, and bonds
390
and certificates that are not liens upon the Wabash and Erie Canal,
that was conveyed by the State under what is known as the Butler
Bill.
I vote no.
W. S. SHIRLEY.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered. • ..
The following message was received from the Senate by the Sec-
retary thereof :
Mk. Speaker :
I am directed by the President of the Senate to herewith transmit
to the House of Repres'sntatives for the signature of the Speakex*
thereof, the following enrolled acts of the Senate, to- wit:
Enrolled Senate Act No. 8. A.n act entitled " An act providing
for the holding of courts in the Twenty-fifth Common Pleas Dis-
trict of the State of Indiana," and declaring an emergency.
Also, Enrolled Senate Act No. 38. An act supplemental to an
act approved February 25, 1865, entitled "An act appointing com-
missioners to sell certain real estate therein named, to provide a resi-
dence for the Governor of the State, and to make him an allowance
in lieu thereof until the same is provided, aud matters connected
therewith."
Also, Enrolled Senate Act No. 124. An act to define what shall
be the salary of the Governor, the manner of paying the same,
and declaring an emergency.
The Speaker announced that he had signed Senate Enrolled Acts
Nos. 8, 38, 65, and 124. Also, the following Enrolled Acts of the
House, Nos. 22, 33, 92, and 98.
The committee on engrossed bills submitted the following report:
391
Mr. Speaker:
Your committee on engrossed bills, to whom was referred
Engrossed House Bills Nos. 90, 138, and 151, have examined the
same with the original copies thereof, and find them in all respects
correctly engrossed.
The committee on engrossed bills submitted the following report:
Mr. Speaker :
The committee on engrossed bills have examined Engrossed House
Bills Nos. 56 and 198 and find them in all respects correctly engrossede
The following message was received from the Senate, by the Sec-
retary thereof:
Mr. Speaker:
I am directed by the Senate to inform the House that the Senate
has passed the following Engrossed Senate Bills, to-wit:
Engrossed Senate Bill No, 51. A bill to amend section one of an
act entitled, ''An act to organize a Supreme Court and prescribing
certain duties of the Judges thereof."
Also, Engrossed Senate Bill No. 52. An act dividing the State
into five Supreme Court Judicial Districts, providing lor the appoint-
ment of one Judge of said Cpurt to fill vacancy, repealing all laws
in conflict herewith and declaring an emergency.
And the same is herewith transmitted to the House.
The joint committee on enrolled acts submitted the following re-
port:
Mr. Speaker :
Your committee on enrolled acts, this 9th day of December, 1872,
to whom was submitted House Bill No. 198, entitled "A bill to
make specific appro})riation therein mentioned," have submitted the
same to the Governor for his approval.
392
The joint committee on enrolled acts submitted the following re-
port :\
Me. Speaker :
Your joint committee on enrolled bills have delivered House Bill
No. 92 to the Governor for his approval.
On motion,
The House adjourned until at 2 o'clock p. M.
AFTERNOON SESSION 2 o'CLOCK.
The House met pursuant to adjournment with the Speaker in the
chair.
Mr. Walker, chairman of the committee on the judiciary,
submitted the following report :
Mr. Speaker :
Your committee on the judiciary to whom was referred House Bill
No. ]84, entitled "An act creating the Thirteenth Judicial Circuit,
providing compensation therefor, declaring the jurisdiction of said
Court, providing for the transfer of actions thereto, and declaring
an emergency," have considered said bill and recommend that the
same be indefinitely postponed.
Which report was concurred in and the bill indefinitely postponed.
Mr. Furnas, chairman of the committee on agriculture, submitted
the fol'Owing report.
Mr. Speaker :
Your committee on asfriculture to whom was referred House Bill
393
No. 191, being a bill for the protection of timber and stone from
unlawful removal, have had the same under consideration and direct
me to report tlie same back with the following amendment :
Strike out in the seventeenth line of section one the words
"exceeding five hundred dollars," with all the remainder of the
section and insert in lieu thereof the following amendment : " not
less than twenty-five dollars nor more than three hundred, and for
the second and each succeeding offence sliall be added imprisonment
in the county jail not less than ten days nor more than sixty days,"
and when so amended recommend its passage.
"Which report was concurred in, the amendment adopted, the bill
read a second time and ordered to be engrossed.
Mr. Billingsley, from the committee on agriculture, submitted the
following report :
Mr. Speaker :
The committee to whom was referred House Bill No. 193 vv^ould
beg leave to report that they have examined the same and herewith
report it back to the House with the recommendation that it be
indefinitely postponed.
AVhieh report was concurred in, and the bill indefinitely posiponed.
Mr. Billingsley, from the committee on agriculture submitted the
following report :
Mr. Speaker :
The committee to Avhom was referred House Bill No. 8G beg leave
to report that they have examined the same and herewith report it
back with the recommendation that it be indefinitely postponed aud
the accompanying bill be submitted instead.
Which report was concurred in, the original bill indefinitely post-
poned and the following bill submitted in lieu thereof.
An act entitled " An act to provide for the protection of wild
game, and defining the time in which the same may be taken or
394
killed, and prescribing tlie penalty for violation of the same," ap-
proved Marcli lltb, 1867; and also providing for the protection of
certain birds therein named, and their eggs; affixing a penalty and
decl'M'ing an emergency.
Which was read a first time and passed to its second reading.
Mr. Mellett chairman of the committee on education, submitted
the following report :
Mr. Speaker :
The committee on education, to whom was referred House Bill
No. 1-30, entitled ''An act to reader uniform the rate of interest on
the common school fund of the State of Indiana," have had the same
under consideration, and herewith return the same and recommend
its passage.
Which report was concurred in, the bill was read a second time
and ordered to be engrossed.
Mr. Woodard chairman of the committee on fees and salaries,
submitted the following report :
Mr. Speaker :
Your committee to whom was referred House Bill No. 113, to
amend section two of an act entitled " An act to amend sections four
and seven of an act to provide for the election, fixing the compensa-
tion, and prescribing the duties of the Attorney General of the State
of Indiana," approved June 3, 1861, would respectfully recommend
its passage.
Which report was concurred in, the bill read a second time and
ordered to be engrossed.
Mr. Cole, from the committee on fees and salaries, submitted the
following report:
Mr. Speaker :
Your committee to whom was referred House Bill No. 25, "An
act fixing the salaries of the Governor, Judges of the Supreme
395
Court, Judges of the Circuit Courts, Judges of the Common Pleas
Courts and District Attorneys, and to repeal section four of an act
entitled an act appointing commissionei's to sell certain real estate
therein named, and to provide a residence for the Governor of the
State, and to make him an allowance in lieu thereof until the same
is provided, and matters properly connected therewith," approved
February 25, 1865, beg leave to report that the same be indefinitely
postponed.
Oa motion of Mr. Givan, the report was laid upon the table.
Mr. Brauham moved to take from the Speaker's table House Bil
No. 3.
Whereupon the Speaker called Mr. Offutt to the chair.
House Bill No. 3 was read a third time and put upon its passage.
The question being, shall the bill pass?
Those who voted in the affinnative, were, 3Iessrs.
Anderson,
Baker,
Baxter,
Billingsley,
Bio her, '
Bowser,
Branham,
Brett,
Broad d us,
Busk irk,
Butterworth,
Butts,
Cauthorn,
Clark,
Claypool,
Cline,
Cobb,
Coffman,
Cole,
Cowgill,
Crum packer.
Dial,
Durham,
Eaton,
Edwards, of Lawr
Ellsworth,
Eward,
Furnas,
GifFord,
Givan,
Glassgow,
Glazebrook,
Goble,
Goudie,
Gregory,
Gronendyke,
Hatch,
Hedrick,
Heller,
Henderson.
Hollinsworth,
Iscnhower,
Johnson,
Jones,
ence, Kimball,
King,
Kirkpatrick,
Lenfesty,
Lent,
Martin,
McConnell,
McKinney,
Mellett,
Miller,
North,
Odle,
OfFutt,
Ogden,
Peed,
Piriramer,
396
Prentiss, -Smith, Tulley,
Reeves, Spellman, Walker,
Reno, Stanley, AVliitworth,
Richardson, Strange, Willard,
Riggs, , Teter, Wilson, of Blackford,
Rudder, Thayer, Willson, of Ripley,
Sutterwhite, Tingley, Wood,
Scott, Thompson, of Elkhart, Woodard,
Shirley, Thompson, of Spencer,Mr. Speaker — 89.
Shutt, Troutman,
Mr. Wesner voting in the negative.
So the bill passe'd.
The question being, shall the title as read stand as the title of the
bill ?
Mr. Lenfesty offered the following amendment:
Amend the title by adding thereto : " and saving from the opera-
tions of this act all works ten miles in length and under."
Which amendment was adopted.
The question being, shall the title as amended stand as the title of
the bill?
It was so ordered.
The ibllowiug message was received from the Senate by the Secre-
tary thereof:
Mr. Speaker :
I am directed l)y the Senate to inform the House that the Senate
has pas-sed the following engrossed Senate Bill, to wit:
Engfos5ed Senate Bill No. 141. A bill in relation to the funded
debt of the State of Indiana therein mentioned, and the same is
herewith transmitted to the House of Representatives.
The committee on engrossed bills submitted the following report:
' 397
Mr. Speaker :
The committee on engros^scd bills have carefwliy examined
engrossed House Bills Nos. 64, 112, 123, 124, 172, 177, 187, and
find the same correctly engrossed.
Mr. Shirley offered the following resolution:
Hesolved, That the judiciary committee be instructed to rei)ort to
this House, by bill or otherwise, what legislation is necessary in
regard to redistricting the State for judicial purposes, so as to equal-
ize the labor of the judges of the several courts therein, and
increasing the salaries of the sai;!^e.
Which was adopted.
Mr. Gregory presented the claim of C. W, Wightson, as clerk of
the committee appointed to investigate the matter of surplus revenue
of Carroll county.
Which was referred to the committee on claims.
Mr. Gregory presented the claim of E. P. Beauchamp for services
as special messenger for the committee appointed to investigate the
matter of the surplus revenue of Carroll county.
Which was referred to the committee on claims.
Mr. Walker offered the following resolution :
Ixcsolccrl, That the reporters of the daily papers, who publish the
proceedings of the House, and also the Brevier Legislative Reports,
be entitled to draw an amount of stationery from the Secretary of
State, not exceeding twenty-five dollars.
Mr. Kimball offered the following amendment:
Amend by adding that each member of the House shall furnia'h
the reporters one-half quire each of legal cap paper.
Pending the consideration of which.
On motion of !Mr. V\'ill,son, of Ripley,
The House adjourned until to-morrow morning at 9 o'clock.
398
^YEDNESDAY MORNING.
December 11, 1872, 9 o'clock.
The House met pursuant to adjournment with the Speaker in the
oh air.
Prayer was offered by the Rev. Mr. Cornelius, of Indianapolis.
The Journal of yesterday was read in part, when,
On motion,
The further reading of the same was dispensed with.
Messrs. Baker and Blocher being absent on yesterday when the
vote on the passage of Senate Bill No. 35 was taken, asked that the
Journal show that if they had been present they would have voted
against the passage of said bill.
Mr. Spellman was granted leave of absence until Friday nexi.
M. BaiTett was granted leave of absence until Monday next.
Mr. Butterworth offered the following resolution ;
jResolved, That the publishers of the Daily Journal are hereby
r*x|uired to deliver their papers to this House by half-past 7 o'clock
every morning.
Which was adopted.
Mr. Kimball, chairman of the committee on ways and means,
submitted the following report :
Mr. Spp:aker:
The committee of ways and means, to whom was referred House
■ 399
Bill No. 163, "to provide a uniform assessment of property, and for
the collection and return of taxes thereon," have had the same under
consideration. The bill was examined carefully and at length, and
the committee unanimously recommend its passage, with the follow-
ing amendment :
The words "including valuation and taxes," shall follow the words
"tract or lot of laud," in section 195.
Which was concurred in, the amendment adopted, and,
On motion,
The bill was considered as engrossed.
On motion of Mr. Branham,
The bill was recommitted to the committee on ways aud means, to
be reported back on to-morrow, and made a special order for 10
o'clock A. M.
On motion of Mr. Kimball,
The regular order of business was taken from the Speaker's table.
Senate Bill No. 141 was taken from the Speaker's table, read a
first time, and passed to a second reading.
Mr. Branham moved to suspend the constitutional rule, have the
bill read a second time by title, considered as engrosssed, read a
third time by sections, and put upon its passage.
The question being, shall the constitutional rule be suspended ?
Those who voted in the affirmative we^'e, Messrs.
Anderson,
Cauthorn,
Cowgill,
Baxter,
Clark,
Crumpacker,
Blocher,
CI ay pool.
Dial,
Branham,
Cline,
Durham,
Brett,
Cobb,
Eaton,
Broaddus,
Coffman,
Edwards, of Lawrence,
Butterworth,
Cole,
Ellsworth,
400
Eward,
' McConnell,
Shutl, . ■ '
Givaii,
McKinney,
Smitli,
Glasgow,
Mel let t.
Stanley,
Gul>ie,
Miller,
Strange,
Go u (lie,
North,
Teter,
Gregory,
Odle,
Thayer,
Groiieiidyke,
Offutt,
Tingley,
Huj'desty,
Ogden,
Thompson, of Elkhart,
Hutch,
Peed,
Thompson, of Spencer,
Hc(]rick,
Pfrinuner,
Troutnsan,
Heiier,
Prentiss,
Tulley,
Henderson,
Reeves,
Walker,
Holling.sworth,
Reno,
Wesner,
Ho}'er,
Richardson,
Whitworth,
Isenl'ower,
Riggs,
Willson, of Ripley,
Johnson,
Rudder,
Wilson, of jBlackford,
Kindjall,
Satterwhite,
Wood,
King,
Schmuck,
Wolflin,
Kirk pat rick,
Scotr,
Wynu,
Lei lit sty.
Shirusy,
Mr. Speaker— 82.
Muitin,
No one voting in the negative.
So the constitutional rule was suspended, the bill read a second
time by title, considered as engrossed, read a third time by sections,
and [lut upon its passage.
The question being, shall the bill pass?
Those who voted in. the affirmative loere, Messrs.
Anderson^,
Baker,
Baxter,
Billingsley,
Blocher,
Branham,
Brett,
Broaddus,
Buhkirk,
Bultei'worth,
Cauthorn,
Clark,
Claypool,
Cline,
Cobb,
Coffraan,
Cole,
Cowgill,
Crumpacker,
Dial,
Durham,
Eaton,
Edwards, of Lawrence,
Ellsworth,
Eward,
Furnas,
Gilford,
Givan,
Glassgow,
Glazebrookp
401.
Goble,
Miller,
Spellman^.
Goudie,
North,
Stanley,
Gregory,
Odle,
Strange,
Grouendyke,
Offutt,
Teeter,
Hardosty,
Ogdeu,
Thayer,
Hatch,
Peed, ^
Pfrimmer,
Tingley,
Hedrick,
Thompson, of Elkhart,
Heller,
Prentiss,
Thompson, of Spencer ^
HolIingSAVorth,
Reeves,
Troutman^
Hoyer,
Ueno,
Tulley'y
Isenhower,
Richardson,
Walker,
Johnson,
Riggs,-
Wesner,
Kimball,
Rudder,
Whit worth.
King,
Rumsey,
Wilson, of Blackford,
Kirkpatriek,
Satterwhite,
Wilson, of Ri])ley,
Lenfesty,
Schmuck,
W<^od,
Martin.
Scott,
Woodard,
McConnell,
Shirley,
Wolflin,
Mc Kinney,
Shutt,
Wynn,
Mellett,
Smith,
Mr. Si)eaker— 90.
No one voting in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was so (H'dered.
The Sj)eaker laid before the House a communication from the
Auditor of State, in compliance with a resolution of the House,
requesting information in regard to the State debt and the duties of
the Agent of State, in comiection therewith.
H. J.— 26
402
State of Indiana,
Office of Auditoe of State,
December 6, 1872.
Hon. W. K. Edwards,
Speaker of the House of Slepj'esentutives :
In compliance with a resolution of the House, requesting infor-
mation in regard to the State debt and the duties of the Agent of
State in connection therewith.
I respectfully submit the following, being advanced sheets of a
portion of the forthcoming report of this office relating to the State
■debt.
JOHN C. SHOEMAKER. Auditor.
THE STATE DEBT.
The condition of the public debt of the State at the date of this
report, October 31, 1872, is as follows:
FOREIGN debt.
Five per cent, certificaties of State stock §32,869 99
Two and one half per cent, certificates of State Stock 5,020 13
War Loan Bonds 139,000 00
Total $176,890 12
DOMESTIC DEBT.
The domestic debt of the State has been reduced, during the
year, to one item, namely :
School Fund, non-negotiable bonds §3,729,016 15
These bonds are four in number, and are as follows:
No. I.Jan. 1,1867 §709,024 85
'' 2. Jan. 20,1867 2,658,057 30
" 3. May 1, 1868 184,234 00
" 4. Jan'. 20, 1971 177,700 00
Total $3,729,016 15
403
Entire Foreign Debt |176,890 12
Entire Demestic Debt 3,729,016 15
Total bonded debt of the State $3,905,906 27
The five, and two and one half per cent, certificates ceased to
bear interest after the first day of September, 1870, leaving the in-
terest bearing debt of the State as follows:
War Loan Bonds ,^139,000 00
School Fund Bonds....... 3,729,016 15
Total interest bearing debt of the State |3,868,016 15
All of which is at the rate of six per cent. Of the .'$5,020.13 of
two and one half per cent, certificates, outstanding on the 3l8t of
October, 1871, none have since been presented for payment.
The transactions in relation to the State debt, duinng the past
year, are as follows:
iTive per cent, certificates of stock outstanding Oct.
31, 1871 $48,369 99
Redeemed during the year by State Debt Board 15,500 00
Outstanding Oct. 31, 1872 $32,869 99
Two and one half per cent, certificates no transac-
tions. Outstanding October 31, 1872, same as
last year $5,020 13
War Loan Bonds outstanding Oct. 31, 1871.... $154,000 00
Redeemed, during the year, of bonds
held by the Sinking Fund $10,000 00
Other bonds 5,000 00
Total $15,000 00
Outstanding Oct. 31, 1872 $139,000 00
|. The entire amount of foreign debt oustanding, as heretofore
stated, is $176,890.12.
404
Tlie reKourees oi' the State applicable only to the payment of the
public debt are as follows : , ,; >.
In b:tate Treasury ,.... $603,221 OS-
In the hands of the State Agent, New York 99,480 4G>
Total $702,701 48
It will be seed tliat, excepting the $10,000 held by this office on
account of the Sinking Fund, but five thousand dollars have been
presented for payment this yeai' ; and, as before remarked, the tive
and two and one-half per cent, certiticates ceased to bear interest
after tiie iirst day of September, 1870, and that tact, together with
the readiness of the State to redeem, at the agency in Kew York^
all the remaining outstajiding certificates, has been well advertised.
Since this time, now more than two years, no two and one-half
per cent, certiticates have been presented. And since March, 1871;,
but $19,r>00 of the five ])er cents, have been presented; and during
the past year there have been but four transactions at the agency in
iSew York, namely :
The redemption, December 7th, 1871, of $7,000
The redemi)tion, January 20th, 1872, of 5,000
The redemption, September 6th, 1872, of 1,000
The redemption, October 17th, 1872, of 2,500
Judging from the past, there is but little probability that the
holders of the remnant of the war loan bonds will desire or consent
to their payment before tiieir maturity in 1881. And it is quite
})rol.)able that most, if not all, of the remaining five and two and
one- half per cent, certificates have either been lost or destroyed, and
therefore will never be presented ; and as the State lias for more
than three years done all in her power to procure the surrender of
these certificates, there is not, in my judgment, any further obliga-
tion to recognize them as a debt, certaiidy not as a debt entitled
to demand payment in New York. Should, however, any of these
certificates, at amy time, make their appearance ; or any of the
holders of the few remaining war loan bonds desire their payment,
there can be neither injustice nor hardship in recjuiring them to be
presented for payment at the State Treasury.
In my o])inion, there is no longer any necessity for either this
Agency, or the iioard of State Debt Sinking Fund Commissioners ;
405
and I recommond that both be abolished, and fundrs in Xow
York transferred to the public Treasury ; and that all laws pertain-
ing to such agency and board, be repealed. Had the usual expense
of the agency been incu.rred tlie past year, that amount added to the
interest value of the money held by the agent in Xew York would
have about equaled the §15,500 redemption.
The cost of the iVgeucy during the past year, as will be seen by
<;ondensed statement upon another \ri'X<', has been less than one-half
the usual (;ost heretofore, and yet the $2,500 paid the agent, and the
f500]>aid the Clerk of the Sinking Fund Board, without consider-
ing i\u' value (if the money held in New York is bat a trifle less than
twenty per cent, of the entire necess;u-y ])ayments at the Agency.
The following communication was received from the Governor,
by his private Secretary, John M. Commons.
State of Indiana, Executive Depap.tment,
Indianapolis, December 7, 1872.
Mr. Speaker:
I am directed by the Governor to respectfully inform tlie House,
that House Joint Resolution No. 5, being "A joint resolution
instructing our Senators, and requesting our Representatives to vote
•against any measure in Congress to divide tlie State into two or more
judicial districts," has been deposited in the office of the Secretary
of State, and that he has caused a certified co])y thereof to be trans-
mitted, to each of our Senators and Representatives in Congress,
Also^ that he has approved and signed enrolled act of the House
No. 22, entitled, "An act to anaend the first section and title of an
act approved Mai'ch 4, 1865, and entitled, 'an act providing for the
completion of the unfinished business of any session of the General
Assembly, by the next succeeding special session of the same Gene-
ral Assembly,' "and that the same has been deposited in the office of
the Secretary of State.
JOHN M. COMMONS,
Private Secretary.
406
Mr. Speaker:
I am directed by the Governor to respectfully inform the House
that he has approved and signed Enrolled act of the House No. 92j.
entitled "An act to establish a House of Refuge for the correction
and reformation of juvenile offenders," approved March 8. 1867,
and repealing section 11 of said act.
Also, that he has approved and signed Enrolled Act of the House
No. 98, entitled "A bill to make certain specific appropriations
therein meiitioned."
And that said acts have been deposited in the office of the Secre-
tary of State.
JOHN M. COMMONS,
Private Secretary.
House Bill No. 115 was taken up, read a third time and put upoE
its passage.
The question being, shall the bill pass?
Those who voted iri the affirmative were, Messrs.
Anderson,
Baker,
Baxter,
Billingsley,
Blocher,
Bowser,
Bran ham,
Brett,
Broaddus,
Buttt-r worth,
Butts,
Cauthoru,
Clark,
Claypool,
Cline,
Cobb,
Coflfman,
Cole,
Cowgill,
Crum packer,
Dial,
Durham,
Eaton,
Edwards, of Law
Ellsworth,
Eward,
Furnas,
Gilford,
Givan,
Glasgow,
Glazebrook,
Goudie,
Goble,
Gronendyke,
Hardesty,
Hatch,
Hedrick,
Heller,
Hollingsworth,
Hoyer,
Isenhower,
rence, Kimball,
King,
Kirkpatrick,
Lenfesty,
Lent,
Martin,
McConnell,.
McKinney,.
Mellett,
Miller,
North,
Odle,
Offutt,,
407
Ogden,
Shirley, Tulley,
Peed,
Shutt, Walker,
Pfrimmer,
Smith, Wesner,
Prentiss,
Stanley, Whitworth,
Reno,
Strange, Wilson, of Blackford,
Riggs,
Teeter, • Willson, of Ripley,
Rudder,
Thayer, Wood,
Ramsey,
Tingley, Woodard,
Satterwhite,
Thompson, of Elkhart, Wolflin,
Schmuclc,
Thompson, of Spencer, Wynn,
Scott,
Troutman, Mr. Speaker — 88.
Mr. Buskirk voting in the negative.
So the bill passed. •
The question being, shall the title aa read stand as the title of the
bill?
It was so ordered.
House Bill No. 88 was taken up and read a third time.
Whereupon Mr. Lenfesty offered the following resolution:
Mr. Speaker :
I move to recommit with instructions to strike out the words
Township Assessor, and insert Township Trustee, and so amend
that the statistics shall be collected at the time of making the
enacQeration, tor common school purposes.
Which motion prevailed and the bill was so recommitted.
On motion of Mr. Wilson, of Ripley,
House Bill No. 118, which has failed to pass for want of a consti-
tutional majority, was taken up, read a third time, and put upon its
passage.
The question being, shall the bill pass ?
408
TJiose who voted in the affirm<>
Gifford,
Goble,
Goudie,
Hatch,
HolHngsworth,
Hover,
Ivirkpatriek,
Leut,
Mellett,
Miller,
North,
Odle,
Baxter,
Billingsley,
Branham,
Brett,
Broaddus,
Buskirk,
Butterworth,
Butts,
Clark,
Ciaynoo],
Coffiaan,
Cole,
Dial,
Edwards, of LaVrence,Offatt,
Ellsworth, Reno,
Eward, • R'ggs>
Furnas, Schmuck,
tive were, Messrs.
Scott,
Shirley,
Shutt,
Stanley,
Teeter,
Thayer,
Tingley,
Thompson, of Spencer,
Walker,
Wesner,
Whitworth,
Willson, of Ripley,
Wood,
Woodard,
Wolflin,
Wynn,
Mr. S])eaker — 5] .
77io.se wJio voted in the negative were, Messrs.
Anderson,
Baker,
Cauthorn,
Cline,
Cobl),
Crum packer,
Durham,
Eaton,
Givan,
Glazebrook,
So the bill passed.
Gronendyke,
Hedrick,
Isenliower,
Lenfesty,
Martin,
McConnell,
McKinney
Peed,
Pfrimmer,
Reeves,
Richardson,
Rudder,
Rumsey,
Smith,
Strange,
Thompson, of Elkhart,
Troutman,
Tnlley,
Willard,
AVilson,ofBrkfd— 30.
The question being, shall the title as read stand as the title of the
bill ?
I
It was so ordered.
House Bill No. 1 28 was taken up, read a third time and put
upon its passage.
The question being, shall the bill pass?
409
Those who voted in the affirmative vjere, Messrs.
Anderson,
Baxter,
Billingsley,
Branliani,
Brett,
Broaddus,
Buskirk,
Butter worth,
Butts,
Cauthorn,
CI ay pool,
Cobb,
Coftraan,
Cruo] packer,
Dial,
Durham,
Eaton ,
Edwards, of Law
Ellsworth,
Eward,
Furnas,
Gifford,
Glasgow,
Glazebrook,
Goble,
Goudie,
Gronendyke,
Hatch,
Hedrick,
Hollingsworth,
Hover,
Isenhower,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lent,
Mellett,
Miller,
rence,North,
Odle,
Ogden,
Pfrimmer,
Prentiss,
Reeves,
Riggs,
Rumsey,
Schmuck,
Scott,
Shirley,
Smith,
Strange,
Teeter,
Thayer,
Tingley,
Thompson, of Spencer,
Troutraau,
Tulley,
Whitworth,
Willard,
Wilson, of Blackford,
Wood,
Woodard,
Wolflin,
Wynn — 65
Those who voted m the negative viere, Alessis.
Baker,
Blocker,
Claypool,
Givan,
Martin,
Mc Conn ell,
3u the bill passed.
McKinney,
Offutt,
Peed,
Reno,
Richardson.
Rudder,
Stanley,
Thompson, of Elkhart,
Wesner,
Mr. Speaker — 16.,
The question being, shall the title as read stand as the title of the
biil?
It svas so ordered.
Mr. Woodard m 'ved to reconsider the vote taken on the passage
of House Bill No. 128.
410
Mr. Giftord moved to lay the motion of Mr. Woodard on the
table.
Which motion prevailed.
House Bill No. 56 was taken up, read a third time and put upon
its passage.
The question being, shall the bill pass?
Tho.
se who voted in the affirmative
were, 3Iessrs.
Anderson,
Gilford,
North,
Baker,
Givan,
Ogden,
Billingsley,
Glazebrook,
Peed,
Brett,
Gronendyke,
Reeves,
Butt«nvorth,
Hatch,
Riggs,
Cauthorn,
Hedrick,
Satterwhite,
Clark,
Hollingsworth,
Schmuck,
Cline,
Isenhower,
Thayer,
Cobb,
Johnson,
Thompson, of Spencer,
Coifman,
Jones,
Troutman,
Cole,
Kimball,
Walker,
Cowgill,
King,
Willson, of Ripley,
Durham,
Kirkpatrick,
Wood,
E<lwards of Lj
iwrenc€,Lenfesty,
Wolflin,
Ellsworth,
Mellett,
Mr. Speaker — i6.
Th
ose who voted in the negative were, Messrs.
Baxter,
Henderson,
Shirley,
Blocher,
Hoyer,
Shutt,
Broaddus,
Ijent,
Smith,
Buskirk,
Martin,
Stanley,
Claypool,
McConnell,
Strange,
Crumpacker,
McKinney,
Teeter,
Dial,
Miller,
Tingley,
Eaton,
Odle,
Thompson, of Elkhart^
Eward,
Offutt,
Tulley,
Furnas,
Prentiss,
Whitworth,
Glasgow,
Reno,
Willard,
Goble,
Richardson,
Wilson of Blackford,
Goudie,
Rumsey,
Woodard,
Gregory,
Scott,
Wynn— 43.
Heller,
411
So the bill did not pass for the want of the constitutional majority^
The following message was received from the Senate, by the Sec-
retary thereof:
Mb. Speaker:
I am directed by the Senate to inform the House that the Senate-
has passed the following engrossed bill, to wit:
Senate Bill No. 9. A bill to repeal an act, entitled, "An act to-
authorize and encourage the construction of levees, dykes and
drains, and the reclammation of wet and overflowed lands by incor-
porated companies, and to repeal all laws relating to the same sub-
ject," which took effect without executive approval on the 2'2d day
of May, 1869.
Also, an act to repeal an act, entitled, '*An act supplement:; i toau
act, entitled, 'an act to authorize and encourage the construeti m of*
levees, dykes and drains, and the reclammation of wet and overflowed
lands by incorporated companies, and to repeal all former laws rela-
tive to the same subject,'" which act took effect May 22, 18G9, and
prescribing penalties for the violation of the provisions thereof^
whidi last named act was approved on the 23d day of February,
1871, and saving the rights therein mentioned.
The following message was rec<.»ived from "the Sonat<?, by the Secre-
tary thereof:
Me. Spkakf.r:
I am directed by the Senate to inform the House of Repn-senta-
tivea, that the Senate has passed the following joint resolution cf the
House, to wit:
House Joint Resolution No. 2. A joint resolution agreeing and
adopting an amendment proposed to the Constitution by the last
General Assembly, by adding to the tenth article, a section in rela-
tion to the debt charged upon the "Wabash and Erie Canal, and the
same is herewith returned to the House.
On motion, of Mr. Woodard,
The House adjourned until 2 o'clock p. m.
412
AFTERNOON SESSION, 2 o'CEOCK, P. M.
The House roet piu'suant to adjournment, with the Speaker in the
jhair.
Mr. Woodard moved a call of the House.
Those who nnsuiercd to their rtames were, 3fe.ssrs.
Baker,
Baxter,
Bran ham,
Broadus,
Butterworth,
Butts,
■Cauthorn,
€lark,
'Clay pool,
Cline,
Cobb,
Coffman ,
Cole,
Cowgill,
Crum packer,
Dial,
Iilat<ni,
Edwai'ds, of Lawr
Ellsworth,
Eward,
Furnas,
Gifford,
Givan,
Glasgow,
Goble,
Gregory,
Gronendyke,
Hardest;.-,
.Hatch ,
Hedrick,
Heller,
Henderson,
Holliuprsworth,
Hoyer,
Iseuhower,
Jones,
Kiraball,
Kirkpatrick,
Lenlesty,
Lent,
Martin,
McConnell,
McKinuey,
Mellett,
Miller,
North,
cuce,C)dle,
Offutt,
Ogdtn,
Peed,
Pfrimmer,
Reeves,
Reno,
Richardson,
Riggs,
Rudder,
Rumsey,
Satter white,
Sell muck,
Scott,
Shirley,
Shutt,
Smith,
Spellman,
Stanley,
Sti-ange,
Teeter,
Thayer,
Tinglev,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Tulley,
Walker,
Wescer,
\yhit worth,
Willard,
Wilson, of Blackford,
Willson, of Ripley,
Wood,
A^oodard,
WV.flin,
Woollen,
Wynn,
Mr. Speaker— 85.
On motion of Mr. Brunham, further ^oceedings under the call
were dispensed with.
413
Mr. Broaddiis, chairman of the committee on engrossed bills, sub-
mitted the following report:
Mr. Speaker:
The committee .on engrossed bills hav(; examined Engrossed House
Bill No. 152 with the engrossed copy, and tind it in all respects cor-
rectly engrossed.
The special order for 2 o'clock l)eing the re-consideration of the
vote upon House Bill No. 73, by whii-h it was lost.
Whereupon House Hill No. 73 was taken up.
Mr. Lenfesty moved to lay the motion to re-consider on the table.
Whereupon Messrs. Otfutt and Hardesty demanded the ayes ands
noes.
Those who voted in the affirmative were, 3Iessrs.
Baxter,
Butts,
Clark,
Claypool,
Crumpacker,
Ellsworth,
Hatch,
Hollingsworth,
Ijtiufesty,
McCounell,
Mellett,
North,
Pfrimmer,
Reno,
Scott,
Shutt,
Smith,
Stanley,
Thompson, of Elkhart^
Troutnian,
Wilson, of Blacktordy
Wynn— 22.
Those who Voted in the negative were, Jllessrs.
Anderson,
Baker,
Billingsley,
Branham,
Brett,
Broaddus,
Buskirk,
Butterworth,
Can thorn,
Cline,
Cobb,
Cowgill, Hardesty,
Dial, Hedrick,
Eaton, Heller,
Edwards, of Lawrence, Hoyer,
Eward, Isenhower,
Eurnas, Johnson,
Gifford, Jones,
GlasgoNT, Kimball,
(roble, ]virk])atrick.
(jrregory, Lent,
Groaendyke, Martin,
414
McKinney,
Rumsey,
Wall^er, '<'
Miller,
Satterwhite,
Wesner,
Odle,
Schmuck,
Whitworth,
Offatt,
Shirley,
Willard,
Odgen,
Strange,
Willson, of Ripley,
Pee^d,
Teter,
Wood,
E eaves,
Thayer,
Woodard,
Richard:
-ron,
Tingley,
Wolflin,
Puggs,
Thompson, ot
Spencer, Woollen,
Rudder,
Tulley, Mr. Speaker— 63.
So the motion did not ])revail.
The question being, shall the hill pass?
Those who voted in the affirmative were, Messrs.
Andersssn,
Henderson,
Schmuck,
Baker,
Hoyer,
Shirley,
Billii*gs1ey,
Isenhower,
Strange,
Busk irk.
Jones,
Teeter,
Cautborn,
Johnson,
Thayer,
Cobb,
Kimball,
Thompson, of
Spencer,
Coffman,
Lent,
Tulley,
Cole,
Martin,
Walker,
Cowgill,
Miller,
Wesner,
Eaton,
Odle,
Whitworth,
Edwards, of Lawrence,Off'utt,
Willard,
OiflPord,
Ogden,
Willson, of Ripley,
Gregory,
Peed,
Wood,
Gronendykej
Reeves,
Woodard,
Hardesty,
Richardson,
VA^olfliu,
Hedrick,
Riggs,
Woollen,
Heller,
Rumsey,
Mr. Speaker-
-51.
Those who voted in the negative loere, Messrs.
Baxter,
Clark,
Ellsworth,
Branham,
Claypool,
Eward,
-
Brett,
Cline,
Furnas,
Broaddus,
Crumpacker,
Givau,
Butts^
Dial,
Glasgow,
415
Goble,
Goudie,
Hatch,
Hollingsworth,
King,
Kirkpatrick,
Lenfesty,
McConnell,
So the bill passed.
McKinney,
Mellett,
North, ,
Pfrimraer,
Reno,
Rudder,
Satterwhite,
Scott,
Shutt,
Smith,
Stanley,
Tingley,
Thompson, of Elkhart^
Troutman,
Wilson, of Blackford,
Wynn— 39.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
On motion of Mr. Kimball,
House Bill No. 151 was taken up, read a third time and put upon
its passage.
The question being, shall the bill pass?
Those who voted in the affirmative viere, Messrs,
Anderson,
Baxt-er,
Billingsley,
Blocher,
Branham,.
Brett,
Broaddus,
Buskirk,
Butterworth,
Butts,
Cauthorn,
Clark,
Claypool,
Cline,
Cobb,
Coffman,
Cole,
Cowgill,
Crumpacker, Henderson,
Dial, Hollingsworth,
Edwards, of Lawrence, Hoyer,
Ellsworth,
Eward,
Furnas,
Gifford,
Givan,
Glasgow,
Glazebrook,
Goble,
Goudie,
Gregory,
Gronendyke,
Hardesty,
Hatch,
Hedrick,
Heller,
Isenhower,
Johnson,
Jones,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lent,
Martin,
McConnell,
McKinney,
Mellett,
Miller,
North,
Odle,
416
Offiitt,
- Schmuck,
Thompson, of Spencer,,
Ogden,
Scott,
Troutman, ■ .
Peed,
Shirley, ,
Tulley,
Pfrimmer,
Shutt,
Wesner, ■
Prentiss,
Smith,
Whitworth,,
Reeves,
Stanley,
Wilson, of Blackfordj
Reno,
Strange,
Wood,
Richardson,
Teter,
Woodard,
Riggs, _
Thayer,
Wolflin,
Rudder,
Tingley,
Wynn,
Ruinsey,
Thompson, of Elkhart. Mr. Speaker — 88.
Satterwhite,
Ml'. Baker voting in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
On motion of Mr. Kimball,
House Bill No. 152 was taken u}), read a third time and put upon
its passage.
The (piestion being, shall^the bill pass ?
Those who voted in the affi/rmative ivere, 3Jessrs. '
Anderson,
Claypool, ' Furnas,
Baxter,
Cline, Giftbrd,
Billingsley,
Cobb,- Givau,
Blocher,
Cole, Glasgow,
Branham,
Cowgill, Glazebrook,
Brett,
Crumpacker, Goble,
Broaddus,
Dial, Goudie,
Bnskirk,
Dunham, Gronendyke.
Butter worth.
Eaton, Hardesty,
Butts,
Edwards, of Lawreuee,Hatch,
Cauthorn,
Ellsworth, Hedrick,
Clark,
Eward, Heller,
417
llenderson,
HoUingsworth,
Hoyer,
Isenhower,
Johnson,
Jones,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lent,
Martin,
McConnell,
MoKinney,
Mellett,
Miller,
North,
oaie,
Offutt, , , .
Ogden,
Peed,
Pfrimmer,
Prentiss,
Reeves,
lieuo,
Ulchardson,
Riggs,
Rudder,
RuraseVj
Satter white,
Sell muck,
Scottj^
Shirley^
Shutt,
Smitil, . . ■■;.
Stanley,
Strange,
Teter,
Thayer, ,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer^
Troutman^
Tulley, I
Wesner,'
Wilson, of Blackford,
Wood, ,
Woodard,
Wolflin,
Woollen,
Wvr.n— 87.
Mr. Baker and Mr. Speaker voting in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered. '
On motion of Mr. Butterworth,
Senate Bill No. 1 was taken up and read a first time.
Mr. Butterworth moved to suspend the Constitutional rule, have
the bill read a second time by its title, read a third time by
sections, and put upon its passage.
The question being, shall the Constitutional rule be suspended?
Those who voted in tht: affirmative were, Messrs.
Anderson,
Baker,
Billingsley,
Blocher,
H. J.— 27
Bran ham,
Brett,
Butterworth,
Butts.
Cauthorn,
Clark,
CI ay pool,
Cline.
418
Cobb,
King,
Shirley, ' '
Coffmaiij
Kirkpatrick,
Shutt,
Crumpackef,-
Lenfesty,
Smith,
Dial,
Lent,
Spellman,
Durliam,
Martin,
Stanley,
Eatou,
McConnell,
Strange,
Edwards, of Lawrenc
e,,McKinney,
Teter,
Ellsworth,
Mellett,
Thayer,
Eward,
Miller,
Tiugley,
Furna!^,
North,
Thompson, of Elkhart,
Gifford,
Odle,
Thompson, of Spencer,
Glasgow,
Offatt,
Troutman,
Glazebrook,
Ogden,
Tulle}^,
Goblc,
Peed,
Walker,
'Goudie,
Pfriraraer,
Wesner,
Gronendyke,
Prentiss,
Whitworth,
Hardesty,
Reeves,
Willard,
Hatch,
E,eno,
Wilson, of Blackford,
Hedrick,
Richardson,
Willson, of Ripley,
Heller,
Riggs,
Wood,
Henderson,
Rudder,
Woodard,
HolUngs worth,
Rumsey,
Wolflin,
Hoyer,
Satterwhite,
Woollen,
Isenhower,
Schmuck,
Wynn,
Johnson,
Scott,
Mr. Speaker— 87.
Kimball,
No one voting in the negative.
So the constitutional rule was suspended, the bill read a second
time by title, read a third time by sections and put upon its passage.
The question being, shall the bill pass? *
Those xoho voted in the affirmative were, Messrs.
Baker,
Baxter,
Butts,
Butterworth,
Cline,
Coffman
Blllingsley,
Blocher,
Broaddus,
Cauthorn,
Cobb,
Cole,
Branham,
Brett,
Clark,
Claypool,
Cowgill,
Crumpacker,
419
Dial
King,
Shirley,
Durham,
Kirkpatrick,
Smith,
Eaton,
Lent,
Stanley,
Edwards, of Lawrence,Martiu,
Shutt,
Ellsworth,
Mellett,
Strange,
Ewaru,
Miller,
Teeter,
Furnas,
]McKiniiey,
Tingley,
Gitfurd,
McCouuell,
Thompson, of Spencer^
Xjivau,
North,
Thompson, of Elkhart,
Glasi^^ow,
Odle,
Thayer,
Glazebrook,
OtFutt,
Troutman,
Goble
Ogden,
Tulley,
Goudie,
Peed,
Walker,
Gronendyke,
Prentis?,
VrillsoD, of Ripley,
Hardesty,
Pfrimmer,
AVilson, of Blackford,
Hatch,
Rudder,
Willard,
Heller,
Reno,
Wesner,
Henderson,
Reeves,
Wolflin,
Hedrick,
Riggs,
Woollen,
Holliugsworth,
Richardson,
Wood, - -
Hoyer,
Rumsey,
W^oodard,
Isenhower,
Satter white.
Whitworth,
Johubon,
Sehmuck,
Wynn,
Kimball,
Scott,
Mr. Speaker — 90.
No one voting in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
Whereupon Mr. Ogden offered the following amendment:
" And saving from the operation of thi.* act all companies the line
of whuse works is sixteen miles in length and under."
Which amendment was adopted.
The question being, shall the title of the bill as amended stand as
the title of the bill?
It was so ordered.
420
On motion of Mr. Cauthorn,
Senate Bill No, 51 was taken up and read a first time.
i ..'.(':
Mr. Cauthorn moved to snsjiend the eonstitutioual rule, have the-
bill read a second time by title, eonsidered as engrossed, read a^^third
time by sections, and put upon its passage.
The question being, shall the constitutional rule be suspended? ,
Theme who vofcd in the affirmative, were, Messrs.
Anderson,
Baker,
Baxter,
Billingsley,
Bhxiher,
Bran ham,
Brett,
Broad us,
Biifikirk,
Butter\vt>rth,
Butts,
Cauthorn,
Clark,
Clayjwoj,
Cline,
Cobl),
Coff'man,
Cole,
Crumiiaeker,
Dial,
Durham,
Eaton,
Edwards, of Law
Ellsworth,
Eward,
Furnas,
Gilford,
Given,
Glasgow,
Glazebrook,
No one voting
Goble, ■
Goudie,
Gronendyke,
Hatch,
Hedrick,
Heller,
Henders<^n,
HoJlingsworth,
Hoyer,
Isenhower,
Johnson,
Kimball,
King,
Kirkpatrick,
Leu i est y,
Martin,
McConnell,
McKinney,
Meilett,
Miller,
North,
Odle,
reuee,Oifutt,
Ogden,
Peed,
Pfrinimer,
Prentiss,
Reeves,
Reno,
in the negutive.
Richardson,
Riggs,
Rudder,
Rumsey,
Sehmuck,
Scott,
Shirley,
Shutt,
Smith,
Stanley,
Strange,
Teter,
Thayer,
Tingley,
Thompson, of Elkhart^,.
Thompson, of Sj>en(!er>
Trout man,
Tulley,
Wesuer,
Whitworth,
Willard,
Wilson, of Blackfordj,
Willson, of Ripley,
Wolfliu,
Wood,
Woodard,
Woollen,
Wynn,
Mr. Speaker — 87,
421
So the constitutional rule was suspou'led, the bill read a second
time by its title, considered as engrossed, read a third time by sec-
tions, and put upon its passage.
The question being, shall the bill pass?
Those who voted in the affirmative
Anderson, Goudie,
Baker, Groneadyke,
Baxter, Hatch,
Bil]!!i-;sley, Hedrick,
Blocher, ' Heller,
Branham, Henderson,
Brett, Hollingsworth,
Buskirk, Hoyer,
Butts, Isenhower,
Cauthorn, Kimball,
Clark, . King,
Claypool, Kirkpatrick,
•Cliue, Lenfesty,
CJobb, Martin,
Coffmau, . McConnell,
Cole, McKinuey,
Crum packer, Miller,
Dial, North,
Durham, Odle,
Eaton, Offutt,
Edwards, of Lawrence,Ogden,
Ellsworth, Peed,
Eward, Ffrimmer,
Furnas, Beeves,
<jifiord, Reno,
Givan, ■ Richardson,
Glasgow, Riggs,
Glazel)rook, Rudder,
No one voting in the negative.
So the bill passed.
toere, Messrs.
Rumsey,
Satter white,
Schmuck,
Scott,
Shirley,
Shutt,
Smith,
Stanley,
Strange,
Teter,
Thayer,
Tingley,
Thompson, of Elkhart,
Thompson, of S|)eucer,
Troutman,
Tulley,
Walker,
Wesner,
Whitworth,
Willard,
Wilson, of Blackford,
Wilson, of Ripley,
Wolflin,
Wood,
Woodard,
Woolen,
Wynn,
Mr. Speaker— 85.
The fjuestion being, shall the title as read stand as the title of the
bill?
It was so ordered.
422
Mr. Cauthorn called up Senate Bill No. 52.
AVhich was read a first time,
Mr. Cauthorn moved to suspend the constitutional rule, have the
bill read a second time by its title, considered as engrossed, read a
third time by section, and put upon its passage.
The question being, shall the constitutional rule be suspended? -
Those who voted in the affirmative vjere, Messrs.
Anderson,
Hatch,
Satterwhite,
Baker,
Hedrick,
Schmuck,
Baxter,
Heller,
Scott,
Billingsley,
Henderson,
Shirley,
Blocher,
Hollingsworth,
Shutt,
Branham,
Hover,
Smith,
Brett,
Isenhower,
Stanley,
Butts,
Kimball,
Strangp,
Cauthorn,
King,
Teter,^
Clark,
Kirkpatrick,
Thayer,
Claypool,
Lenfesty,
Tingley,
Cline, •
Martin,
Thompson, of Elkhart,^
Cobb,^
McConnell,
Thompson, of Spencer^..
Coiiman,
McKinney,
Troutmau,
Cole,
Miller,
Tulley,
Crumpacker,
North -
Walker,
Dial,
Odle,
Wesner,
Eatou,
Offutt,
Whitworth,
Edwards, of Law
rencCjOgden ,
Willard,
Ellsworth,
Pfrimmer,
Wilson, of Blackford,
Eward,
Prentiss,
Willson, of Ripley,
Furnas,
Reeves,
Wolflin,
Glasgow,
Reno,
Wood,
Glazebrook,
Richardson,
W^oodard,
Goudie,
Riggs,
Woollen,
Gronendyke,
Rudder,
W%-nn,
Hardesty,
Rurasey,
Mr. Speaker — 81.
No one voti no-
in the negative.
So the constitutional rule was suspended, and the bill read a second
time by its title.
423
Whereupon Mr, Cauthorn offered the following amendment :
Mk. Speaker: -
I move that Senate Bill No. 52, districting the State for .supreme
judges, be amended as follows :
The first section by striking out the county of "Parke" and
inserting the county of "Vigo." The third section by striking
out the county of "Vigo" and inserting the county of "Parke."
Mr. Woodard moved to lay the amendment on the tabic.
Which motion prevailed. ~ •
The bill was then read a third time by sections and put upon its
passage.
The question being, shall the bill pass?
TAo.se who voted in the affirmative were, Messrs.
Anderson,
Givan,
North,
Baker,
Glasgow,
Odle,
Baxter,
Glazebrook,
Offutt,
BilHngsley,
Go u die.
Ogden,
Blocher,
Gronendyke,
Pfrimmer,
Bran ham,
Hardesty,
Pi-entiss,
Brett,
Hatch,
Reeves,
Butis,
Hedrick,
Reno,
Cautliorn,
Heller,
Richardson,
Clark,
Henderson,
Riggs,
Claypool,
Hollingsworth,
Rudder,
Cobb,
Hoyer,
Rumsey,
Coffman,
Isenhower,
Satterwhite,
Cole,
Jones,
Schmuck,
Crumpacker,
Kimball,
Scott,
Durham,
King,
Shirley,
Eaton,
Kirkpatrick,
Shutt,
Edwards, of L
awrence,Lenfesty,
Smith,
Ellsworth,
Lent,
Strange,
Eward,
Martin,
Teter,
Furnas,
McConnell,
Thayer,
Gilford,
Miller,
Tingley,
424
Thompson, of Elkhart, Whitworth, \Yood, ' ' ' ■' ' ''
Thompson, of Spencer, Willard, Woodard, ,.
Troutman, Willson, of Ripley, Woollen,
Tulley, V/ilson, of Blackford, Wynn,
Walker, WoUlin, Mr. Speaker— 82.
Wesner,
Those who voted in the negative tcere, Messrs.
Cline, McKiuney, Peed,
Stanley — -4,
So the bill passed. '
The question being, shall the title as read stand as the title of the
bill?
It was so ordered. •
The Speaker called Mr. Offutt to the chair,
Mr. Caiithorn intrcjduced
House Bill No. 226. A bill for an act to amend section 435 of an
act entitled ''An act to revise, simplify, and abridge the rules, practice,
pleading, and forms in civil cases in the courts of thiis State, to
abolish distinct forms of action at law, and to provide for the
administration of justice in a uniform mode of ])leading and practice
without distinction l)etween law and equity," approved June 18,
1852, and declaring an emergency.
Which bill was read a first time and referred to the committee on
the judiciary.
The Speaker took the chair. :'-•■•
The Speaker announced the following select committee in com-
pliance to a resolution of the House, to inquire what legislation if
any, is necessary to protect counties, towns and cities against excessive
or improvident taxation :
Messrs. Edwards, of Lawrence, Brett, King and Offutt.
Mr. Woollen offered the. following resolution, accompanied with
425
a petition from the Prosecuting Attorney of tlu; Sixth Judicial Cir-
cuit in relation to tlie suit on the I'elation of the State of Indiana,
now pending against the Terre Haute & Indianapolis Railroad
Company.
Whereas, There is a suit peudiug in the Putnam Circuit Court,
•on the relation of the State against the Terre Haute & Indianapolis
Railroad Company, for the purpose of having its franchises declared
forfeited on the ground of certain violations of its charter, and
Whereas, The said railroad company has petitioned the Gen-
eral Assembly to cause said suit to be discontinued, and the Prose-
cuting Attorney of the Sixth Judicial Circuit, in which the county
of Putnam is situated, has filed his petition also remonstrating
•against said dismissal, now therefore,
Resolved, That the Judiciary Committee be instructed to inquire
into the truth of the matters alleged in said suit, and report the results
of such investigation to this House, with whatever recommendation
they !!iay deem proper.
Which was adopted, and the petition referred to the committee
on the judiciary.
The joint committee on enrolled bills, submitted the following
report,
Mr. Sl'EAKER :
Your committee on enrolled bills would report that they presen-
ted Senate Bill Xo. 38, entitled an act sui)plementai to an act
approved February 25, 1865, entitled ''An act ai^pointing commis-
sions to sell real estate," etc., to the Governor for his signature, this
lltli day of December, 1872.
The joint committee on enrolled bills submitted the following
report:
Mr. Speaker :
Your committee on enrolled bills would report that they have
presented Enrolled Senate Bill No. 8, entitled "An act to provide
426
for the holding of courts," etc., to the Governor for his signa-
ture, this 11th day of December, 1872.
The joint committee on enrolled bills submitted the following
report :
Mk. Speaker:
Your joint committee on enrolled bills have presented Enrolled
Senate Bill IS'o. 124, entitled "An act to define the salary of the
Governor," etc., to the Governor for his signature, this 11th day
of December, 1872.
Mr. Woodard offered the folloAving resolution :
Whereas, According to a report by the Auditor of State there
has been expended, in the last eight years, ^150,000 more than was
actually necessary/ for public printing, and
Whereas, There is a bill in the hands of the committe on print-
ing abolishing the office of State Printer and making other pro-
visions ; therefore, be it
Res^olred , That said committee be required to report without delay
said bill back to the House for its action thereon.
Pending which,
On motion of Mr. Walker,
The House adjourned until 9 o'clock to-morrow morning.
427
THURSDAY xMORNING.
December 12, 1872, 9 o'clock:.
The House met pursuant to adjournment with the Speaker in the
chair.
Prayer was offered by Mr. Clark, niember of the House of iiepre-
seiitatives from Hamilton county.
The Journal of yesterday was read in part, when
On motion,
The further reading of the same was dispensed with.
Mr. Kimball, chairman of the committee on ways and means,
submitted the following report :
Mr. Speaker :
The committee on ways and meanp. to whom Honse Bill No„
163, providing tor the assessment and collection of taxes, was recom-
mitt4?d, beg leave to make the following report :
1. Section sixty-two shall be amended as follows: *' Provided^
That the shares of capital stock of national banks, and of the bank
of the State and branches shall not be listed for taxation for munici-
pal ptirposes until the charter of the bank of the State of Indiana
expires, on October 1st, 1876."
2. Line forty in the form of schedule, section forty-nine
shall read as follows: '' Number of mules, jacks and jenaetts^ and
value."
428
Mr. Branham offered the following amendment :
Mk. Spi<:aker :
I rao%'^e to strike out so much of the amendments proposed to
House Bill No. 163, as relates to national banks.
Which was adopted.
Mr. Woollen offered the following amendment :
Mr, Speak kr ; " ,
I move to strike out all of the proviso remaining as recommended
by the committee, leaving the said 62d section as it stands in the
original bill.
Which was adopted.
Which rep.irt of the committee, as amended, was concurred in.
Mr. Satterwhite oftered the following amendments:
AMENDMEJSTS TO REVENUE LAW.
Additional paragraph to section fifty-seven :
" It shall br the duty of the President, or other principal officer,
of any privat^i bank in this State to make out, in addition to the
other property reqjiired to be listed by this act, a statement under
oath, showing the amount of property and the name and residence of
the owner or owmrs thereof, and the proportionate part or share of
such capital owned by each, and the par and cash value thereof,
which share shall be assessed against such person the same as other
personal property, and without allowing deductions therefrom, and
the same shall be entered up for taxation accordingly.
The affidavit to schedule in section 49 shall be amended as follows :
The words, "excepting property not taxable or otherwise specific-
ally taxed" shall follow the words, ''all personal property held or
belonging to me."
429
Which amendments were not adopted. , ,, . „,.
On motion of Mr. Bruuham,
The bill was considered as engrossed, read a third time and put
upon its passage.
Mr. Baker asked for a call of the House,
Those who answered to their names were, Messrs^. ' "
Anderson,
Baker,
Billingsley,
Blocher,
Bowser,
Branham,
Brett,
Broaddus,
Butter worth,
Butts,
Cauthorn,
Clark,
Claypool,
Cliue,
Cobb,
Cof!man,
Cole,
Cowgill,
Crumpacker,
Dial,
Durham,
Edwards, of L;
Ellsworth,
Eward,
Gilford,
Glazebrook,
Goble,
Goudie,
Gronendyke,
Hardesty,
Hatch,
Henderson,
Hollingsworth,
Isenht>wer,
Johnson,
Jones,
Kimball,
Kirkpatrick,
Lenfesty,
Martin,
McConnell,
McKinney,
Miller
North,
Odle,
Oitutt,
Ogden,
Peed,
[iwreuce,Pfrimmer,
Prentiss,
Reeves,
Reno,
Richard son,
Riggs,
Rudder, ^
Rumsey, •
Satterwhite,.
Scott,
Shirley,
Shutt,
Smith,
Staidey,
Strange,
Teeter,
Tingley,
Thompson, ot Elkhart^
Thom}>son, of Speucery
Walker,
Wesner,
Whitworth,
Willard,
Willson, of Ripley,
Wilson, of Blackford^
Wolflin,
Wood, ' ■ ■ ■ ■
A\ (todard,
Wotnlien,
Wynn,
Mr. Speaker — 84.
On motion of Mr. Cauthorn,
Further proceedings uuder the call were dispensed with.
430
The question being, shall the bill pass ?
Those who voted in the affirmative were, Messrs.
Anderson,
Goble,
Reno,
Baker,
Goudie,
Richardson,
Billirigsley,
Gronendyke,
Riggs,
Bldcher,
Hardesty,
Rudder,
Bowser,
Hatch,
Rumsey,
Bran ham,
Hedrick,
Satterwhite,
Brett,
Henderson,
Schmuck,
Br(saddu§,
Holliugsworth,
Scott,
Butter worth,
Isenhower,
Shirley,
Butts,
Johnson,
Shatt,
Cauthnru,
Jones,
Smith,
Clark,
Kimball,
Stanley,
C]ay})Ooi,
Kirkpatrick,
Strange,
Cobli,
Lenfesty,
Teeter,
Coffman,
Martin,
Tingley,
Cole,
McConnell,
Thompson, of Elkhart,
Cowgill,
McKinney,
Thompson, of Spencer,
'■Crunijiackcr,
Mellett,
Troutman,
Dial, "
Miller,
• Walker,
Durham,
North,
Wesner,
Edwards, of L
awrence,Odle,
Whitworth,
Ellsworth,
Offutt,
Willard,
Eward,
Ogden,
Wilson, of Blackford,
Furnas,
Peed,
Willson, of Ripley,
Gifford,
Pfrimmer,
Wolflin,
Givan,
Prentiss,
Wynn,
Glasgow,
Reeves,
Mr. Speaker — 85.
Glazebrook,
Messrs. Baxter and Cline voting in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was 80 ordered.
431
The following message was received from the Senate by the Sec-
retary thereof:
Me. Speaker :
I am directed by the Senate to herewith transmit to the House of
Representatives, for the signature of the Speaker thereof, the follow-
ing Enrolled Act of the Senate, to wit :
Enrolled Act No. 85. Entitled an act to provide for the payment
of sundry bonds or stocks of the State of Indiana, issued prior to
the year 1841, and declaring an emergency.
■ Also, I am directed to transmit to the House of Representatives,
for the signature of the Speaker thereof,
Enrolled Senate Joint Resolution No. 3. Entitled a joint reso-
lution in relation to the two per cent, claims of Ohio, Indiana and
Illinois, now pending before Congress.
Also, I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed the following Engrossed Bill
of the House, to wit :
Engrossed House Bill No. 70. A bill to enable counties border-
ing on the State lines or rivers forming the State bounderies, and
townships and cities therein, to aid in the construction of railroads
opposite such counties in other States, to run to such counties, or to
the State lines or rivers forming the State boundary bordering such
counties, or to form connection with other railroads in such counties,
and prescribing the duties of the officers of such counties for that
purpose, and authorizing such cities to issue bonds for such aid, and
declaring an emergency ; and the same is herewith transmitted to
the House.
The Speaker announced that he had signed Enrolled Senate Joint
Resolution No. 2, and also Enrolled Senate Act No. 85.
Mr. Giftord introduced
House Bill No. 228. A bill providing for the payment to town-
ship trustees of all moneys which shall have been collected from
432
townships for either general, special or specilic purposes, except
gueh moneys as may have been collected from townships for State-
and county revenue, and prescribing the punishment of officers fail-*-
ing to comply with the requirements hereof, and repealing all laws,
inconsistent tht^rewith.
Which was read a first time and referred to the committee on
rights and privileges.
Mr, Walker offered the following resolution : ■.
Resolved, That as the committee heretofore appointed on warm— \
ing and ventilating this house has taken no action or made any i
report thereon, that another committee be appointed, whose duty it ■
shall be to warm ii]) and ventilate isaid committee.
Which wa.s adopted.
(Jn motion of Mr. Oifutt, the resolution was referred to a select
committee of one.
Whereupon, the Speaker appointed Mr. Walker as such com- ■
mittee.
Mr. Kirkpatrick introduced , i
Plouse Bill No. 228. To amend the third section of an act en- '
titled "An act relative to the disabilities of circuit judges to hold'
and discharge the <luties of their offices, and providing for the
ap])ointnient of judges j^ro tern during the disability of said judge."
M'hieh was read a tirst time and referred to the committee on the
judiciary. ..■ - /-y- ■.• ■ . ' |
Mr. Cauthorn offered the following resolution:
RcHoU-edy That the S[)eaker be, and is hereby authorized to issue
his warrant upon the Auditor of State for the amount of the claims •
of William M. Merwin and C. S. McDonald and D. H. Long, for
services heretofore allowed by this House.
Wliich was adopt«<l. , ; /
433
The resolution of Mr. \Yoodard, ofi'ercd ujwn yesterday, in rela-
tion the State Printing, was taken up.
On motion of Mr. Branhani, the committee on public printing
was ginnt d leave of absence until to-morrow muraing at 9 o'clock,
with iusu-uctions to report on the printing bills now in their pos-
-session. Until such report be made the further consideration of Mr.
Woodards resolution was postponed.
House Bill No. 108, was taken up, -
And on motion of Mr. Satterwhite,
Was recommitted to the committee on banks, vdth. instructions to
amend as follows:
Sec. 31, It shall not be lawful for the trustees of any savings
bank to declare or allow dividends on any deposits for a longer
period than the same has been deposited, except that deposits made
uot later than the 10th days of January, April, July, and October,
in each year, may, unless prohibited by the by-laws of the bank,
have dividends deohn-ed upon them, the same as though deposited
on the first' days Oi either of those months specifically, and no divi-
dends shall be paid unless upon money up^n deposits when the same
are declared : Provided, that the trustees may in their discretion, allow
-dividends upon moneys that shall have been on deposit, but which
shall have been withdrawn prior to the regular times for declaring
dividends.
Engrossed House Bill No. 90, was taken up and read a third time
and put upon its passage.
The question being, shall the bill pass?
Those who voted in the affirmative were, Messrs.
Anderson, Brett, Crumpacker,
Baker, Cauthorn, Dial,
Baxter, .Clark, ' Durham,
Billingsley, Claypool, Eaton,
Blocher, Cline, Edwards, of Lawreooe,
Bowser, Coffman, Ellsworth,
H. J.— 28
434
Eward,
Furuas,
Gif^ord,
Glvan,
Glasgow,
Glazeljrook,
Goblo,
Go 11(1 ie,
Gronendyke,
Hardesty,
Hedrick,
Heller,
II enuerson,
Hollingfeworth,
Isenhower,
Jones,
Kimball,
Kirkpatrick,
Lenfesty,
Martin,
MeConnell,
-McKinney,
Mellett,
Miller,
North,
Odle,
Offutt,
Ogden,
Peed,
Prentiss,
Keeves,
Reno,
Richardson,
Rudder,
Rumsey,
Satter white,
Schmuck,
Scott,
Shirley,
Shutt,
Smith, ,
Stanley,
Strange,
Teeter,
1 haver,
Tingley,
Thompson, of Pllkhartj.
Thompson, of Spencer^,.
Troutman, "
Tulley,
Walker,
Wefcner,
Whitworth,
Willard,
Wilson, of Blackford,
Willsot), of Ripley,
Wolflin,
Wood,
Woodard,
Woollen,
Wynn
Mr. Speaker — 80.
i
No one voting in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the-
bill?
It was so ordered. ' '
House jBill No. 64 was taken up, read a third time and pnt
upon its passage.!
The question being, shall the bill pass'.'
Those who voted in the affirrnatire were. 3Je,iSrs.
Anderson,
Bowser,
Brauham,
Brett,
Buskirk,
Butterworth,
Cauthorn,
Claypool,
Cline,
Coffman,
Cruni packer.
Dial,
Durham,
Eaton,
Edwards, of J>awrencey
435
Ellsworth,
Miller,
Stanley,
Givan,
Odle,
Strange,
Glazebrook,
Peed,
Thayer,
Goble,
Reeves,
Thompson, of Elkhart,
Goudie,
Richardson,
Thompson, of Spencer,
Hardesty,
Riggs,
Troutman,
Hatch, "
Rudder,
Tulley
HeHer,
Runisey,
Whitworth,
Henderson,
Satterwhite,
"WiUard, I
Isenhower,
Schniuck,
Wood,
Jones,
Shirley,
Woollen,
Kirk}>atrick,
Slmtt,
Wynn,
Lenfesty,
Smith,
Mr. Speaker — 55.
Mellett,
77to.s'e iciia voted in the negative were, 3Iessrs.
Baker,
Glasgow,
Pfriramer,
Baxter,
Gronendyke,
Prentiss,
Billingsley,
Hedrick,
Reno,
Bloclier,
H(illingswH)rth,
Scott,
Butts,
King.
Teter,
Clark,
Martin,
Tingley,
Ck,bb,
McConnell,
Wesner,
Cole,
Mc Kinney,
Wilson, of Blackford,
Eward,
North,
Woltlin,
Furnas,
Offutt,
Woodard— 32.
Gilford,
Ogden,
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
House Bill No. 112 was taken up, read a third lime and put upon
it5 passage.
The question being, shall the bill pass?
436
Tliose who voted in the afirmative were Messrs.
Anderson,^
]B iker,
Baxter,
,Billing-:ley,
Blocher,
Bowser,
Branham, .
Jirett,
Broaddus,
Butter worth.
Butts,
*Cauthorn,
€]ark,
Oaypooi,
Cliue,
Cobb,
Coffman,
Cole,
Cowgill,
Crumpacker,
Dial,
Durham, '^
Eaton,
Edwards, of I^aw
Ellsworth,
Eward,
Furnas,
Gifford,
Givan,
Glasgow,
Goudie,
Gronendyke,
Hardcsty,
Hatch
Hedrick,
Heller,
Henderson,
Hollingsworth,
Isenhower,
Jones,
Kimball,
King,
Kirkpatriek,
Lenfesty,
Martin,
McConneli,
McKinney,j
Mellett,
Miller,
North,
Odie,
renee,Offut,
OgdenJ
Peed,
Pfrinituer,
Prentiss,
Reeves,
Beno,
Bichardson,
Budder,
Burasey,
Satterwhite,
Schmuck,
Scott,
Shirley,
Shutt,
Smith,
Stanley,
Strange,
Teeter,
Tingley,
Thompson, of Spencer,
Troutman,
Tulley,
Wesner,
Whitworth,
Wilson, of Blackford,
Willson, of Ripley,
Wolflin,
Wood,
Woodard,
W^ynn,
Mr. Speaker— 87.
No one voting in the negative. ^
So the bill j)assed.'
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
By consent of the House, Mr. Strange introduced
House Bill JS'o, 229. An act to provide for furnishing a copy of
.437
the statutes of lucliana (Gavin and Hord's edition), to each acting
Justice of the Peace in the State.
Which was read a first time and referred to the committee on pub-
lic expenditures.
The committee on the judiciary was granted leave of absence until
to-morrow morning.
Mr. Wolfliu was granted leave of absence nntil Monday next.
House Bill No. 134 was, on motion, re-commicted to the select
oommittee on soldiers' monument.
On motion of Mr. Butterworth,
The House adjourned until to-morrow morning at 9 o'clock.
438
MONDAY MORNING,
December 13, 1872, 9 o'clock.
The House met pursuant to acljoununent, with the Speaker in the
chair.
The Journal of yesterday was read in part, when,
On motion of Mr. Tulley,
The further reading of the same was dispensed with.
Mr. Walker, chairman of the committee on the judiciary, submit-
ted the following report:
Mr. Speaker :
The committee on the judiciary to whom was referred House Bill
No. 178, entitled an act to amend section seventy -seven of an act
entitled "An act to revise, simplify and abridge the rules, practice,
pleadings and forms in criminal actions in the courts of this State,"
approved June 17th, 1852, approved December 20th, 1865, have had
the same under consideration, and direct me to report the same back
to the House and recommend its passage.
Which report was concurred in, the bill read a second time and
ordered to be engrossed.
Mr. Walker, cliairman of the committee on the judiciary,
submitted the following report :
Mr. Speaker:
The committee on the judiciary to whom was referred House Bill
No, 13, entitled " An act repealing section one of an act,
entitled 'An act prescribing tlie duties and fixing the compen-
sation of State Agent,'" approved June 7, 1852, and requiring
the Secretary of State to perform the duties of said agent, have
439
bad the same under consideration and directed me to report the same,
back to the IIoii«e, and recommend that the same be indefinitely
postponed, as the subject of said bill was embraced in Senate Bill
No. , which has passed this House.
W);ieh report was concurred in and the bill indefinitely post-
poned.
Mr. Ogden, fr-^iu the committee on the judiciary, submitted the
followiuu; report :
Mr. Sfkaker :
The committee on the judiciary to whom was referred House Bill
No. 188, entitled "■ An act to amend section 433 of an act, entitled
an act to revise, simplify and abridge the rules, practice pleadings
and forms in civil cases in the courts of this State to abolish
distinct forms of action at law and to provide for the administration
of justice in a uniform mode of pleading and practice without
■distinction between law and equity," approved June 18, 1852, have
had the same under consideration and have instructed me to report
the same back to the House with a recommendation that it pass.
Which report was concurred in, the bill read a second time and
ordered to be engrossed.
Mr. Shirley, from the committee on the judiciary, submitted the
following report :
Mr. Si'EAKER :
The committee on the judiciary to whom was referred House Bill
No. 216, liave had the same under consideration, and direct me to
report that in the opinion of the committee, the subject matter of said
bill is already embraced in the statutes, and need no further legisla-
tion, tisey therefore recommend the indefinite postponement oi the
bill.
Which report was concurred in, and the bill indefinitely post-
poned.
Mr. Shirley, from the committee on the judiciary, submitted the
following report.
440
Me. Speaker : - ' ' ^
The committee on the judiciary have had under consideration
House Bill No. 204. A.n act to legalize sales by guai'dians under
order defective, in not prescribing notice, and without findiag that
it would promote the .interest of the wards estates by dif^pensing
with Fuch notice made by the Common Pleas Courts of this State^
and report the same back -the House, recommending that the same
be indelinitely postponed.
On motion of IMr. Miller,
The report was laid on the table.
On motion,
Mr. Richardson's House Bill No. 157, was taken from the
table.
Mr. Richardson moved to recommit the bill to the committee ob
the organization of courts.
Mr. Miller offered the following amendment:
Recommit to the committee on organization of courts, with the
following instructions.
Strike out all of section one.
Which amendment was not adopted.
The motion of Mr. Richardson to recommit the bill to the com-
mittee on the organization of courts prevailed, and the bill waa so
recommitted.
Mr. Edwards, of Lawrence, chairman of the corapaittee on elect-
ions, submitted the following report.
Mr. Speaker:
Your committee on elections, to whom was referred House Bill
No. 183, an act entitled "An act to devide the State into congressional
districts," have had the same under consideration and report the same
back to the House with the following amendment;
441
Strike out the county of Pike in sectioo three, and insert the
same in section four.
When so amended your committee recommend that it be put
upon its passage.
Which report was concurred in.
On motion of Mr. Givan, the bill was laid on the table, and two
hundred copies ordered to be printed,
Mr. Isenhower asked leave to submit the following minority-
report:
Mb. Speaker: ■ ' .
•
The undersigned members of the committee on elections, to whom
was referred House Bill No. 18-3, to re-district the State of Indiana
for congressional purposes, woiihl beg leave to submit the following
minority report, to wit :
They recommend that said bill be indefinitely postponed.
M. L. MARTIN,
JAMES W. WHITWORTH^
J. R. ISENHOWER.
The following message was received from the Senate, by the Secre-
tary, thereof :
Mb. Speaker:
I am directed by the Senate to inform the House that the Senate
has concurred in the following engrossed amendments to tlie title of
Senate Bill No. 1, to wit :
"And saving from the operations of this act, all companies, the
line of whose works are sixteen miles in length and under."
Mr. Speaker:
I am directed by the Senate to herewith transmit to the House of
Representatives, for the signature of the Speaker thereof, the follow-
ing enrolled act of the Senate, to wit:
Enrolled Senate Act No. 141. Entitled an act in relation to the
funded debt of the State of Indiana therein mentioned.
442
The Speaker annouucec! that he had signed Enrolled House Joint
^Resolution No. 2 ; also, Enrolled House Act, jS'o. 70, and Enrolled
Senate Act No. 141.
Mr. Johnson, from the committee on the judiciary, submitted the -
following report :
Mr. Spkaker : ~ .
Your committee on the judiciary, to whom was referred House
Bill 215, entitled an act to create the Judicial Circuit to authorize
the appointment of a Judge and Prosecuting Attorney therefor, and
•fix the time of holding courts therein, and to transfer the county of
Union fri)m the Twenty-sixth Circuit to the Fourth Circuit, have
bad said bill uiider consideration and recommend that it be referred
to the committee on the organization of courts.
Whicii report was concurred in.
Mr. Johnson, from the committee on the judiciary, submitted the
following report:
Mk. Speaker .
YoDT committt>e on the judiciary to whom was referred House
Bill No. 20, entitled " An act concerning contracts wherein the obligor
-agrees to pay the fees of plaintiff's attorney if sued upon," have
•carefully (!onsi<lered said bill and recommend that the same be indefi-
Jiitfly postponed.
Whicii report w:;s concurred in and the bill indefinitely postponed.
Mr. Johnson, from the committee on the judiciary submitted the
following report :
Mu. Speaker:
Your committee on the judiciary to whom was referred House
Bill No. 150, entitled "^ An act to repeal section two of an act enti-
tled 'An act defining certain misdemeanors and prescribing punish-
ment therefor," ' ap])roved December 2, 1865, have had said bill
under coyjsideration and recommend that said bill be indefinitely
postponed.
Yfhich report was concurred in and the bill indefinitely postponed.
443
Mr. Shirley, from the committee on organization of courts, sub-
mitted the following report:
Mk. Speaker :
The committee on organization of coui'ts have had under consid-
eration House Bill No. 223, an act defining what counties shall con-
stitute ihe Thirtieth Judicial Circuit and fixing the time of holding
courts therein, providing for the return of process, declaring a
vacancy in the office of Judge and declaring an emergency, report
the same back to the House with a recommendation .that the same
be passed.
Which report was concurred in, the bill read a second time and
ordered to be engrossed,
Mr. Offutt, from the committee on the organization of courts,
submitted the following report :
Me. Speaker:
The committee on the organization of courts, to whom was
referred House Bill 218, have had the same under consideration, and
directed me to report the same back to the House with the recommen-
dation that it pass.
Which report was concurred in, the bill read a second time and
ordered to be engrossed.
Mr; Glasgow, from the committee on the organization of courts,
submitted the following report :
Mr. Speaker:
Your coramittee on the organization of courts, to whom was re-
ferred House Bill No. 206, a bill to amend section one of an act
entitled " An act to organize a Supreme Court, and jjrescribing cer-
tain duties of the judges thereof/' a])proved ]May loth, 1852, have
had the same under consideration, and direct me to report it back
and recommend that it be laid on the table.
Which report was concurred in, and the bill laid on the table.
444 - .
Mr. Glasgow, from the committee on the organization of courts,
submitted the following report :
Mr, Speaker : .
The committee on the organiziition of courts^ to whom was refer-
red House Bill No. 194, an act entitled an act repealing section
eighteen of an act entitled " An act regulating descents and the
apportionment of estates," approved May 14th, 1852, and declaring
an emergency, have liad the same under consideration, and have
directed rae to report the same back with the recommendation that
it be indefinitely postponed.
Which report was concurred in, and the bill indefinitely post-
poned.
Mr. Satterwhite, chairman of the committee on banks, submitted
the following report:
Mr. Speaker:
Your committee on banks, to whom was re-committed House Bill
No. 198, with instructions to insert proposed amendment in place of
section thirty-one, have had the same under consideration, and
respectfully recommend that the same, as so amended, be passed.
Which report was concurred in, and the amendment adopted.
The bill was read a third time and put upon its passage.
Tiie question being, shall the bill pass?
Thuse who voted in the affirmative rcere, Messrs.
Anderson,
Baxter,
Billingsley,
Bowser,
Branham,
Broaddus,
Clark,
Clay pool,
Cline,
Coffman,
Cowgill,
Crumpacker,
Dial,
Eaton,
Gilford,
Glasgow,
Gronendyke,
Hatch,
Hedrick,
Henderson,
Edwards, of Lawreoce,Hoyer,
Ellsworth, Johnson,
445
Ijonee,
Kimball,
King,
Lenfesty,-
Mellett,
Odle,
Offdeu,
Prentiss,
Kichardson,
Riggs,
Satter white,
Scott,
Strange,
Thaver,
Tingley,
Thompson, of Spencer,
Troutman,
Wilson, of Blackford.
Woollen,
Wynn — 44.
Those who voted in the negative were, 3Jessrs.
Baker,
Blocher,
Butts,
Durham,
Givan,
Glazebrook,
Ooble,
Heller,
Martin,
McConnell,
jNIcKiuney,
Korth,
OfFutt,
Peed,
Pfri miner,
Reno,
Rudder,
Smith,
Stanley,
Teter,'
Tulley,
Walker,
Whitworth,
Wood,
Woodard,
Mr. Speaker — 26.
So the bill did not pass for the want of constitutional majority.
Mr. Broaddus, chairman of the committee on engrosse'd bills,
«ub litted the following report :
Mr. Speaker :
The committee on engrossed bills have examined Engrossed House
Bills Nos. 136, 164, 169 and 170, with the original copies and find
the same correctly engrossed.
Mr. Brett was granted leave of absence until Monday next.
Mr. Lenfesty presented a petition from various citizens of Grant
<X)unty, on the subject of temperance.
Which was referred to the committee on temperance.
Mr. Hatch, chairman of the committee on the affairs of the city of
Indianapolis, submitted the following report :
Mr. Speaker:
Your committee to whom was referred House BUI No. 219, an
446
act to rpo;ulate the ?ale of drugs and medicines, and fixing the penalty
for violation of the same, have had the same under consideration,
and report the same back to the House, with the following amend-
ment to section to wit :
After the words "red label," add the words "and said label shall
have printed or written upon it the words for external use," and
after the words ''light colored and," add the words ''and said label
shall have printed or written upon it the words, " for internal use,"^
and that when said bill is so amended, your committee respectfully
recommend its passage.
Which report was concurred in, and the bill read a second time.
Mr. Miller offered the following amendment:
Mr. Speaker :
I move to amend Plouse Bill No. 219, by striking out the emer-
gency clause.
Which amendment was adopted, and the bill as amended ordered
to be engrossed.
^Ir. Gilford, chairman of the committee on cities and towns, sub-
mitted the following report:
Mu. Speaker:
The committee on cities and towns, to whom was referred House
Bill N(». 100, have had the same under consideration, and have
instructed me to report the same back, with a recommendation that
said bill lie on the table, and that two hundred copies be printed for
the use of the House.
Which report was concurred in, the bill laid on the table, and
200 copies ordered to be printed lor the use of the members of the
House.
Mr. Gifford, chairman of the committee on cities and t^^wus, sub-
mitted the following majority report :
Mr. Speaker :
The committee on cities and towns, to whom was recommitted
•147
House bill No. 99, have hatl the same under consideration and have
instructed me to report the same hack with the following amend-
ment; Strike out the word "ten" and iiisert in lieu thereof the-
word " two " per cent, and wlieu so amended, recommend that it
pass. '-
Mr. ^Tiller, from the committee on cities and towns, snltraitted'
the following minority report :
Mr. Speaker :
The undersigned members of your committee on cities and towns^
to whom was referred House Bill No. 9fc>, entitled '' A bill to author-
ize incorporated cities containing a population of ten thousand or
over, to elfect loans and issue bonds," being unable to agree with the
majority of the committee, as a minority report, would respectfaliy
recommend that the same be indetinitely postponed.
Which minority report was concurred iu and the bill iodefinitelj
pctstponed.
Mr. Reeves, chairman of the committee on roads, submitted the
following report :
Mr. Speaker : '
The committee on roads to whom was referred House Bill Nov,
192, have had the same under consideration and beg leave to report
that the same be indetinitely postponed.
Which report was cojicurred in, and the bill indehnit-ely post-
poned.
Mr. Reeves, chairman of the committee on roads, submitted the
following report :
Mr. Si'EAKEP. :
The committee, to whom was referred House Bill No. 145, have
had the same under consideration and beg leave to report that the
same lie on the table.
Which report was concurred in, and the bill laid on ihn table.
448
Mr. Reeves, cliairman of the committee on roads, submitted the
following report :
Mr. Speaker :
The committee on roads, to whom was referred the resolution as
to the expediency of abolishing the office of District Supervisor and
providing a Township Supervisor instead, have considered the subject
and are of the opinion that legislation is inexpedient.
Which was concurred iu.
Mr. King, chairman of the committee on railroads, submitted the
following report :
Mr. Speaker :
The conimittee on railroads to whom was referred House Bill No, 96,
entitled " An act to repeal an act to authorize aid to the construction
ol railroads by counties and townships taking stock in and making
•donations to railroad companies," approved May 12, 1869, and declar-
ing an eniergency, have had the same under consideration, and a
majority of the committee direct that it be reported back with the
recommendation tliat it pass.
On motion of Mr. Baker,
The bill was made a special oi'der for Wednesday next at 2 o'clock
p. M,.
Mr. Baxter, chairman of the conimittee on reformatory institu-
tions, submitted the following report :
Mr. SrEAKER:
The committee to whom House Bill No. 210 was referred, entitled
*' A bill to amend the twentieth section of an act approved May 13,
1869, and entitled * An act to establish a Female Prison and Reforma-
tory Institution for girls and women, to provide for the organization
government thereof and making an appropriation,' " report it back-
with the recommendation that the bill do pass.
WHiich report was concurred in, the bill read a second time and
ordered to be engrossed.
449
Mr. Baxter, ch airman of the committee on reformatory institu-
tions, submitted the following report:
Mr. SpEAKP:ii :
The coinmitlee to whom was referred House Bill 21 i, beiag att
act sup]}leuiental to an act, entitled " An act to establisli a Female
Prison anvl Reformatory Institution for girls and women, and to
provide for organization aa'.l govern meiic thereof, and making
a])proj)riation," approved May 13, 1839, report l)ack with a recom-
meudtitlun the words '' tifty thousaad," he inserted in the blank
occuring in section one, and as so amended that the bill pass.
Which report was concurred in, the bill rt^ad a second time and
ordered to be engrossed.
Mr. llolling'^worth, from the committee on reformatory institu-
tions, submitted the following report :
Mr. Speaker:
The committee to whom was referred House Bill No. 212,
entitled '' An act deiining the misdemeanor of keeping houses of
ill-fame, the renting and leasing property to be used as a house of
ill-farne, and prescribing penalties therefor, and prescribing certain
rules of evidence in prosecutions of offenses," report it back with
the recommendation that se<?tion one read as follows :
Section one. Be it enacted by the General Assembly of Ihe
State of Indiana, that any person who shall get any part of his or
her liveliliood by keeping openly or covetly any building, house,
room, tenement, .shed, or premises of any description for the practice
of elicit sexual intercourse between males and fi.raales, shall be
deemed guilty of keeping a house of ill-fame, and shall be fined not
less than twenty- five, nor more than two hundred dollars, and be
imprisoned not less than three months, nor more than two years, if
a male, in the county jail, and if a tiimale, in the Indiana Reformatory
Institute for women and girls, and that it do pass as so amended.
Which report was concurred in, the amendment adopted, the bill
read a second time and ordered to be engrossed.
Mr. Mellett, fi'om the s])ecial committee to wh(»m was referred the
H. J.— 29
450
subject of warming and ventilating the House, submitted tte follow-
ing report : :
Mr. Speaker :
The special committee to consider means for ventilating and heat-
ing the Hall report and recommend as follows :
First. They find tlie flues for the supply of heated air have not
been cleaned f^r a number of years, and have all that time been
open for the reception of cigar stubs, tobacco quids, tobacco juice
and such other articles as gentlemen may wish to deposit, and they
recommend that such flues be taken down and thoroughly renovated.
Second. The air heated for the Hall is introduced from the damp
and vitiated atmosphere of the basement wliicli is surcharged with
carbonic acid gas and ladened with poison. The committee recom-
mend that supply tubes of sufficient capacity, communicating with
the fresh air without the building, be introduced to the hot air
chambers of the heaters.
Third. The committee find also that the means of escape of viti-
ated air from the Hall are entirely insufficient, and that at least four
new escape flues should be constructed.
The committee have referred the improvements proposed to a
competent architect, Mr. Hodgson, and find the same can be made
at a cost of about §400.00.
In view of the fact that the occupancy of the Hall in its present
condition is courting disease and <leath, your committee recommend
the proposed improvements to be nuide immediately, and that the
contract therefor be let at once to the lowest and best bidder.
A. C. MELLETT,
L. D. GLAZEBROOK, '
T. N. JONES,
Dr. SATTER white,
E. S. LENFESTY,
' J. H. WILLARD,
Special committee on ventilating and heating the Hall.
Which report was concurred in.
451
Mr. Peed, chairman of the committee to whom was referred
House Bill Xo. 2, submitted the following report:
Mr. Speaker:
f The spticial committee to whom was referred House Bill No. 2,
I 'oeins; an act to chanoe the time of holding the Circuit Court in the
i Tliird Judicial Circuit, have had the same under consideration, and
i have directed me to report the same back to the House, with the
' following amendment:
• That section 1 of said bill be amended to read as folhnvs:
l Section 1. Be if en<icted by the General Assembly of the State of
IwHona, That the terms of the Third Judicial Circuit Court, shall
'' be held as follows :
' ' In the county of Gibson. On the third Monday of January and
-July.
In the county of Knox. On the Mondays succeeding the courts
in the county of Gibson.
In the county of Davis. On the ^londays succeeding the courts
~ in the coanty of Knox.
In the county of Martin. On the Mondays succeeding the courts
in the county of Daviess.
In the county of Dubois. On the Mondays succeeding the courts
in tlie county of Martin.
r In the county of Pike. On the Mondays succeeding the courts
I in the county of Dubois.
';. And when so amended, your committee recommend its passage?
p
I . Which report was concurred in, the amendment adopted, the bill
I read a second time.
(
t, Mr. Peed moved to suspend the constitutional rule, that the bill
I be considered as engrosssed, read a third time, and put upon its
I passage.
The question being, shall the constitutional rule be suspended ?
452
Those ii-ho voted in the afirmaiive were, Messrs,
Anderson,
Baker,
Baxter,
Billiiigsley,
Blocher,
Bowser,
Bruaddus,
Bmterworth,
Clark,
Claypool,
("line,
Cobb,
Coif man,
Cole,
Cowgill,
Crumpacker,
Duiiiaia,
Hedrick,
Heiler,
Henderson
HollJrgsworth,
Isenbower,
Johnson,
Jones,
Kimball,
King,
Kirkpatrick,
Ivenfesty,
l^ieut,
Martin,
McConnell,
McKinney,
Mellett,
Miller,
Edwards, of Lawrence, North,
Ell worth,
Eward,
Eurua.s,
Giiibrd,
Givan,
Glasgow,
Gronendvke,
Hatch,
Odle,
Oifutt,
Peed,
Prentiss,
U:eves,-j
Richardson,
Riggs,
Rudder,
Mr. (^gden voting in the negative.
Eumeey,
Satterwhite^
Scott, - ■
. Shirley,
Shutt,
Smith,
Stanley,
Strange,
Teeter,
Thayer,
Tingley,
Thorn j>soD, of Elkhart,
Thompson, of Spencer.
Trontnian,
Tulley,
Walker,
Wesuer,
Whitworth,
Wilson, of Blackfordy
Willson, of Ripley.
Wolflin,
Wood, '
Woodard,
Woollen,
Wynn,
Mr. Speaker — 77. '
So the constitutional rule was suspended, the bill considered as
engrossed, read a third time and put upon its passage.
The question being, shall the bill pass?
Those who voted in the ajjirmaiive were. Messrs. _^
Anderson,
Bran ham,
CI ay pool,
Baker,
Broaddus,
Cline,
Baxter,
Butterworth,
Coftman,
Billingsley,
Butts,
Cole,
Blocher,
Ciark,
Cowgill,
453
C!rum packer,
Dial,
Durham,
Eaton,
Edwurds of Law
Ellsworth,
Furnas,
Giflbrd,
<jrivan,
Gias;.i;ow,
Gronendyke,
Hatch,
Hedrick,
Heller,
Henderson,
Hollingsworth,
Iseahower,
Johnson,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lent,
Martin,
reuce,McConnell,
McKinney,
Mellett,
Miller,
North,
Odle,
Offtitt,
Ogden,
Peed,
Pfrinimer,
Prentiss,
Reeves,
Reno,
Richardson,
Rudder,
Satterwhite,
Scott,
Shirley,
Shutt,
Smith,
Stanley,
Strange,
Teeter,
Thaver,
Tingley,
Thompson ,|of El khart,
Thompson, of Spencer,
Troutman,
TuUey,
Walker,
Wesner,
Wilson, of Blackford,
Wood,
Woodard,
Wynn,
Mr. Speaker— 75.
No one voting in the negative.
So the bill parsed.
The question being, shall the title as read stand as the title of the
bill?
It was so orderedo
The following message was received from the Senate by the Sec-
retary thereof :
Mr. Speaker:
I am directed by the Senate to inform the House of Representa-
tives that the Senate has passed the following Engrossed bills thereof,
to wit :
Engrossed Senate Bill No. 6. An act concerning the transpor-
tation of freight and passengers over railroads within this State,
and repealing all laws in conflict with this act, and prescribing pen-
alties for the violation thereof, and declaring an emergency.
454
Also, Engrossed Senate Bill Xo. 3. Entitled an act to amend sec-
tion four of an act entitled " An act concerning the organization and
perpetuity ot voluntary associations, and repealing an act entitled
' an act concerning the organization of voluntary associations, and
repealing former laws in reference thereto.' approved February
12, 1855, and repealing each act repealed by said act, and authorizing
gifts or devises by will to be made to any corporation or purpose
contemplated by this act," approved February 20, 1867, and declar-
ing an emergency.
Also, Engrossed Senate Bill No. 68. A bill to amend the second
section of an act entitled "An act creating the Twenty-third Com-
mon Pleas District, and making provisions therefor, and repealing
all conflicting laws," approved March 11, 1867, providing for the
return of process, and declaring an emergency.
^y so, Engrossed Senate Bill Xo. 134. A bill to create the Twenty-
sixth Judicial Circuit of the Court of Common Pleas, defining vrhat
counties shall compose the same, fixing the term of holding courts-
therein and the duration of the terms thereof, and making all pro-
cess from the present Common Pleas Court therein returnable to
such terms; providing for the appointment of a Judge and District
Attorney for stich District, declaring when the same shall take effect,
and repealing all laws that are inconsistent therewith.
Also, Engrossed Senate Bill Xo. 5. Entitled a bill to require
railroad comj^anies to issue stock paid for by taxes voted for in the
construction of railroads, to the tax payers or their assigns, and to
issue unclaimed stock for the benefit of the common school fund, and
declaring an emergency.
Also, Engrossed Senate Bill Xo. 10, Entitled an act to amend
section fifty-eight of an act entitled " An act to repeal all genera!
laws now in force for the incorporation of cities, and to provide for
the incorporation of cities ; prescribing their powers and rights, and
the manner in which they shall exercise the same, and to regulate
such other matters as properly ])ertain thereto," approved March 14,
1867. . •
Also, Engrossed Plouse Bill Xo. 37, Entitled an act attthorizing
an appropriation of money out of the State Treasury for the use of
the Indiana Universit}^, located at Bloomingtou, jSIonroe county, in
455
paying debts created by borrowing money for current expenses in
the vears 1870 and 1871, and declaring an emergency.
And tlie same is herewith transmitted to the House.
The follovring message was received from the Senate by the Seci-e-
tary thereof.
Mr. Speaker :
' I am directed by the Senate to inform the House of Representa-
tives that the Senate has passed the following engrossed bill of the
Senate, to wit :
Engrossed Senate Bill No. 88. Entitled an act to authorize and
encourage che construction of levees, dykes, drains and ditches, and
the reclamation of wet and oversowed lands by incorporated associa-
tions, and providing for the incorjioration of such associations, and
j^rescribing their powers, and providing for the assessment of the
cost of such improvements, and the expense attending the same
upon those lands benefitted thereby, and for the collection of such
assessments, and the same is herewith transmitted to the House of
Representatives. ^
The joint committee on enrolled bills submitted the following
report :
Mr. Speaker:
Your joint committee on enrolled bills would report that they have
examined Enrolled House Bill No. 70, entitled ''A bill to enable
counties bordering on the State line," etc., and find that the same
is correctly enrolled.
The joint committee on enrolled bills submit the following report :
Mr. Speaker :
Your joint committee on enrolled bills would report that they
have carefully examined Enrolled Joint Resolution No. 2 of the
House, entitled "A Joint Resolution agreeing to and adopting an
amendment proposed to the constitution by the last General Assem-
bly/' etc. J and find that the same is correctly enrolled.
456
Mr. Kimball, .chairman of the select committee, to Avhom was
referred the subject of the soldiers' monument, submitted the follow-
ing majority report.
Me. Speaker:
The select committee to whom was referred House Bill No. 124,
to provide a State Monument, beg leave to make the following
r.>port :
Section 7 shall be amended to read as follows :
There is hereby appropriated the sum of seventy-five thousand
dollars, to be expended under the direction of said board of mana-
gers in the construction of monument: Provided, that no more than
one-third of the sum appropriated in this section, shall be expended
in any one year, and no portion of the same shall be drawn from the
treasuiy except on the order of the board of managers, approved by
the Governor of the State: And provided, further, That before any
portion of said money shall be drawn from the treasury, there shall
be submitted, and one-third collected toward the construction of said
monument, by private individuals or otherwise, to the satisfaction of
said board of managers, the additional sum of thirty-five thousand
dollars, contemplated in section 8.
NATHAN KIMBALL,
JAMES H. WILLARD,
W. H. EDWARD,
J. A. HATCH,
^ E. B. GLASGOW,
C. E. COWGILL,
Mr. Offutt, from the same select committee, submitted the follow-
ing minority report :
Mr. Speaker:
The undersigned, meml)er of the select committee on tlie subject
of the Soldier's Monuments, to whom was referred Engrossed House
Bill No. 124, being unable, after considering said bill, to agree with
the majority of said committee, beg leave to submit the following
minority report, and recommend the adoption of the fi)ilowing
' , 457
amendments to said bill, and when said bill is so amended, they
recommend its passage ;
First. Strike out the title and insert the following :
A bill for an act to appropriate one hu':idred thousand dollars to
certain of the widows and orphans of deceased soldiers.
Second. Strike out the first section.
Third. Strike out all of the second section, and including the
■word monument, ending on the second line, and insert the follow-
ing :
Section 1, Be. it enacted by the General Assembty of the State of
Indiana, That there is hereby appropriated, out of any money in
the Treasury not otherwise appropriated, the sum of one hundred
thousand dollars, for the use and benefit of such of the widows and
orphans of deceased Indiana soldiers, as are now in actual need.
Fourth. Strike out the fifth section.
Fifth. Strike out the seventh section.
Sixth. Strike out the eighth section.
Seventh. Strike out the ninth section,
OFFUTT, Hancock county,
J. T. RICHARDSON, Carroll county,
BOWSER, Allen county.
Mr. Branham moved to lay the report and bill on the table.
Messrs. Branham atul Kimball demanded the ayes and noes.
The question being, shall tlie report and bill be laid -upou the
table?
Those v;ho voted, in the afivmative were, Messrs.
Anderson, Bloeher, Broaddus,
Baker, Bowser, Butterworth,
Baxter, Branham, Butts,
458
Clark,
Isenhower,
Scott,
Coffnian,
Jones,
Shutt,
Crumpacker,
Leufesty,
Smith,
Dial,
Martin,
Stanley,
Durham,
McCounell.
Strange, » . ■
Eaton,
MoKinney,
leeter,
Furnas,
Mellett,
Thompson, of Elkhart,
Givan,
Miller,
Thompson, of Spencer,
Glazebrook,
North,
Troutman,
Goble,
Offutt,
Tuiley,
Gregory,
.Pfrimmer,
AVhitworth,
Hedrick,
Reno,
Wilson, of Blackfordj
Heller,
Richardson,
Woodai-d,
Henderson,
Rudder,
Wynn— 54.
HoUinffs worth.
Those who voted in the negative ivere, Messrs.
Billingsley,
Buskirk,
Cauthorn,
Cobb,
Cowgill,
Gronendyke,
Hatch,
Johnson,
Kimball,
King;,
Edwards, of Lawrence,Kirkpatrick,
Ellsworth, Lent,
Eward, Peed,
GiiFord, Prentiss,
Glasgow, Reeves,
Riggs,
Shirley,
Thayer,
Tingley,
Walker,
Wesner,
Willard, • '
Wood,
Woollen,
Mr. Speaker— 30.
So the motion prevailed, and the report and bill were laid upon
the table.
The committee on enrolled bills submitted the following report:
Me. Sp.eaker:
Your committee on enrolled bills have submitted Senate Bill No.
141, entitled " Au act in relation to the funded debt," etc. to the
Governor for his approval this 13.th day of December, 1872.
Mr. Shirley offered the following resolution
459
Me. Speaker: -
WiiEEEAS, Tlie committee on printing failed to re})ort ou House
Bills Nos. 9 and 31, on this day, as required by order of this House,
and have asked further time; and,
Wheeeas, a portion of the members of said committee, ah-.sert
that it was agreed to report on this morning to the House, on House
Bill No. 9 : Therefore, it is ordered by this House, that said com-
mittee be and are hereby ordered to rejiort on said House Bills Xos,
9 and 31, on the 16th day of December, at 2 o'clock p, M., and said
bills be made the special order of the day, at said hour, 2 o'clock P.
M., December 16, 1872.
Pending which, the House,
u- . On motion.
Adjourned until 2 o'clock,
f
AFTEENOON SESSION, 2 o'CLOCK.
The House met pursuant to adjournment with the Speaker iji the
chair.
The Speaker laid before the House a communication from the
Auditor of State, in relation to the subject of insurance, in com-
pliance with a resolution of the House, of the 2;>d instant.
Senate Bill No. 3 was taken up. An act to amend section 4 of an
act, entitled, "An act concerning the oi'ganiaation and perpetuity of
voluntary associations, and repealing an^ act, entitled, 'an uct con-
cerning the organization of voluntary associations, and repealing
former laws in reference thereto, approved February 12, 1855, and
repealing each act repealed by said act, and authorizing glfrs or
devises by will to be made to any corporation or purpose contem-
plated by this act,'" approved February 20, 1867, and declaring an
emergency.
460
Which bill was read a first time and referred to the committee on
corporations.
Senate Bill No. 5 was taken up. An act to require railroad com-
panies to issue stock paid for by taxes voted in aid of the construc-
tion of their railroad to the taxpayers or their assignees, and to
issue unclaimed stock for the benefit of the common school fund,
and declaring an emergency.
Which bill was read a first time.
Mr. Woodard moved to suspend the constitutional rule, have the i
bill read a second time by title, a third time by sections, and put|
upon its passage.
The question being, shall the constitutional rule be suspended?
Those who voted in the affirmative were, Messrs.
Anderson,
Hedrick,
Riggs,
Barrett,
Heller,
Rudder,
J^axter,
Henderson,
Rumsey,
BillJiigsleyj,
Uroaddus,
Hoyer,
Isenhower,
Schmuck,
Scott, ^
Butte,
CJauthorn,
Johnson,
Jones,
Shirley,
Shutt,
Clark,
Kimball,
Smith,
Claypool,
Cline,
King,
Kirkpatrick,
Stanley,
Teeter,
Coiiman,
Lenfesty,
Tingley,
Cole,
McConnell,
Thompson, of Elkhart, ,
Crumpaeker,
Durham,
Ellsworth,
McKiuney,
Miller,
North,
Thompson, of Spencer, j
Tulley, ■"
Wesner,
Eward,
Offutt,
Whitworth,
Furnas,
Ogden.,
Willson, of Ripley,
GifJbrd,
Peed,
Wood,
Oivan,
Prentiss,
Woodard,
Glazebrook,
Peeves,
Woollen,
Goble,
Reno,
Wynn
Grooendyke,
Richardson,
Mr. Speaker— 68.
Hatch,
461
Those who voted in the negative were, Messrs.
Baker, ~ Glasgow, Odle — 5.
Dial, Martin,
So the constitutional rule was suspended and the bill read a second
time by its title, .whereupon,
On motion of Mr. Lenfesty,
The bill was referred to the committee on the judicary,
M.r. \Yillson, of Ripley, from the committe on the judiciary, sub-
mitted the folU)wing report on House Bill Iso. Si), and substituted a
bill in lieu thereof:
Mr. Speaker:
Your committee on the judiciary to wliom was referred House
Bill No. 83, entitled " A bill for an act providing for the health and.
safety of persons employed in the coal mines of Indiana," have had
the same under consideration ajid request me to report tlie accom-
panying bill as a substitute therefor, and. your committee recommend
the passage of such substitute.
House Bill No. 230, substituted in lieu of House Bill No. 83.
An act regulating coal miues and the working thereof,
Mr. Walker moved to suspend the constitutional rule and have the
bill read a first and second time by its title.
The question being, shall the conslitutional rule be suspended '.'
'i7io.se who voted in the affiivnative we^'e, Me^tsrs.
Baker, Clark, Glazebrook,
Baxter, Coftman, Gronendyke,
Billiugsley, . Durham, Hatch,
Bowser, Eaton, Henderson,
Branham, Edwards, of Lawrence,Hollingsworthj.
Broaddus, Ellsworth, Jones,
Butts, Giffbrd, King,
Cauthorn, Givan, Kirkpatrick^
462
L/eufesty,
Rudder,
Thompson, of Spencer,
McKinney,
Satterwhite,
Troutman,
Miller,
Sehmuck,
Walker, ■
North,
Scott,
Wesner,
Odle,
Shirley,
Whit worth.
Ogden,
Smith,
Wilson, of Blackford,
Peed,
Stauley,
Willson, of Ripley,
Pffimmer,
Teeter,
Wood,
Prentiss,
Thayer,
Woodard,
Kichardson,
Tiiigley,
AVoollen,
Riggs,
Thompson, (
3f Elkhart, Mr, Speaker — 57.
Those who voted in the negative icere, Messrs.
AiiiJersou,
"Crumpacker,
Dial,
Evvard,
Fur i>..
Gohle,
Glasgow,
Hedrick,
Heller,
Johnson,
Kimball,
Martin,
McConnell,
Pirimmer,
Reno,
Ramsey,
Shutt,
Willard— 18.
So the constitutional rule was suspended, and the bill was read a
first and second time by its title.
On motion of Mr. Walker,
The bill was laid on the table and three hundred copies ordered
to be printed for the use of the members of the Plouse.
Senate Bill No. 6 was taken up.
An act concerning the transportation of freight and passengers
over railroads within this State, and repealing all laws in conflict
with this act, and prescribing penalties for the violation thereof, and
■declaring an emergency.
Which bill was read a first time, and
On motion of Mr. Ogden,
Was referred to the committee on judiciary.
463
Senate Bill No. 10 was taken up.
An act to amend section fifty-eight of an act entitled ''An act to
Tepeal all general laws now in force for the incorporation of cities,
and to provide for the incorporation of cities, prescribing their pow-
ers and rights, and the manner in which they shall exercise the
same, and to regulate such other matters as properly pertain thereto,"
approved March 14, 1867, and declaring an emergency.
■■jt Which bill was read a first time, and,
On motion,
I Which was referred to the committee on cities and towns.
Senate Bill No. 68 was'taken up. An act to amend the second
■section of an act, entitled " An act creating the Twenty-third
Common Pleas District and making provision thereof, and repealing
all conflicting laws," approved March 11, 1867, providing for the
return of process and declaring an emergency.
t Which bill was read a first time.
Mr. Odle moved to suspend the constitutional rule, have the bill
a'ead a second time by title, considered as engrossed, read a third
time by title, and [)ut upon it passage.
The question being, shall the constitutional rule be suspended?
Those U'ho voted in the afirviative were, 3IesS7:s,
Anderson,
Barrett,
Baxter,
Billingsley,
Elocher, .
Bowser,
Branham,
Broaddus,
Butterworth,
Cauthorn,
Clark,
Claypool,
Cline,
Cobb,
Coif man,
CoJs,
Cowgill,
Cnimpacker,
Dial,
Durham,
Eaton ,
Gifford,
Glasgow,
Glazebrook,
Goble,
Gronendyke,
Hatch,
Hedrick,
Heller,
Henderson,
Edwards, of Lawrence, Hollingsworth,
Eward, Hoyer,
Furnas, Kimball,
King,
Kiikpatrick,
Leufesty,
M(! Kinney,
:Mellett,
North,
Odle, *
Offatt,
Ogden,
Peed,
Pfrirnmer,
Premiss,
Reeves,
Reno,
464
Richardson,
Riggs,
Rudder,
Rumsey,
Satterwhite,
Schrauck,
Scort,
Shirley,
Shu It,
Sraiih,
Stanley,
Teeter,
Thayer,
Tinfrley,
Martin votintr in the nesative.
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
TuUey,
Walker,
Wesner,
Whitworth,
Wilson, of Blackford,
Willson, of Ripley,
AVood,
Woodard,
Vv'^ool leu,
Wynn,
Mr. Speaker— 79.
So the constitutional rule was suspended, the hill read a second
time by its title, considered as engrossed, read a third time by sec-
tions, and put upon its passage.
Tiie question being, shall the bill pas,s ?
Those who voted in the ajfirmative were, Messrs.
Baker,
Barrett,
Baxter,
Billingsley,
Blocher,
Bowser,
Branham,
Broaddus,
Butter worth,
Butts,
Cauthorn,
Clark,
Claypool,
Cobb,
Coffman,
Cole,
Cowgill,
Cruni packer,
Dial,
Durham,
Eaton,
Ellsworth,
Eward,
Gitlord,
Givan,
Glazebrook,
Glasgow,
Goble,
Groneudyke,
Hatch,
lledrick,
.Heller,
Henderson,
H oil ings worth,
Hoyer,
Johnson,
Kimball,
King,
Kirkpatrick,
Leufesty,
Martin,
McConnell,
McKinney,
North,
Odle,
Oflutt,
Ogden,
Peed,
465
? ' ■
Pfrimmer, Shirley, Wosner,
Prentiss, Shutt, Whiuvorfch,
Eeeves, ' Smith, Wilkrd,
Keno, Stanloy, Wilson, of Blackford,
Richardson, Teeter, Willsou, of Ripley.
Riggs, Thayer, Wood,
Rudder, Tingley, Woodard,
Rurasey, Thompson, of Elkhart, Woollen,
Satterwhite, Thompson, of Spencer, Wynn,
Schmuck, Troutman, ?dr. Speaker— 79..
Scott, Tulley,
I,
i;' Noon voting in the negative.
[(•
I So the hill passed.
I' , . . . , . :
^ The question being, shall the title as read stand as the title ot she
bill ?
It was so ordered.
Mr. Williard was granted leave of absence until Monday next.
Senate Bill No. 88 was taken up.
An act to authorize and encourage the construction of levees,
dykes, drains and ditches, and tlie reclamation of wet and <»verflowed
lands by incorporated associations, and providing for the organiza-
tion of associations and prescribing tlieir powers, and providing for
the assessment of the cost of such improvements and the expenses
attending the sanie upon the lands benefitted thereby, and for the
collection of such assessments, and repealing certain acts therein
S{)ecified, and declaring an emergency.
Which bill was read a first time.
On motion of AEr. Wood,
The bill was laid on the table and two hundred copies ordered to
be printed for the use oi' the members of the House.
The joint comniiteee on enrolled bills submitted the following
report :
H. J.— 30
466
Mr. Speaker : ' . "
Your joint committee on enrolled bills would report that they have
c;Lrefully compared Enrolled Act No, 37, House of Representatives, •
-entitled " An act authorizing an appropriation of nioaey out of the
State treasury for the use of the Indiana University," with the
engrossed hi!), and find the same correctly enrolled.
The Speaker announced that he had signed Enrolled House Act
No. 37.
Senate Bill No. 134 was taken up. -
An act to create the Twenty-sixth Judicial District of the Court
of Conimon Pleas, defining wliat counties shall compose the same,
fixing the time of holding the courts therein, and the duration of
the terms thereof", making all process from the present Common
Pleas Courts therein actionable to such terms, providing for the
appointment of a Judge and District Attorney for said District,
declaring when the same shall take effect, and repealing all laws io-
consistent therewith and declaring an emergency.
Which liill was read a first time, and,
On motion of Mr. Cauthorn,
Was laid on the table.
Enrolled House Bill No. 172 was taken up, the bill read a third
time and put upon its passage.
The question being, shall the bill pass?
Those who voted in the affirmative roere, Jlessrs,
Anderson, Coffman, Goble,
Baker, Cole, Gronendyke,
Baxter, Crurapacker, Hatch,
Billlngsley, Dial, Hedrick,
Branham, Edwards, of I^wrence,Heller,
Broaddns, . Ellsworth, Henderson,
Butterworth, Eward, Hollingsworth,
Clark, Furnas, Isenhower,
Claypool, Gifford, Jones,
Cobb, Givan, King,
467
Kirkpatrick,
lienf&sty,
Martin,
MeConnell,
McKin ;:;>-,
Miller,
North,
Oitutt,
Ogdeii,
Feed,
Prentiss,
Keeves,
Keuo,
Richardson,
Rudder,
Rumsey,
Satterwhite,
Scott,
Shirley,
Shutt,'
Smith,
Stanley,
Strange,
Teeter,
Tingley,
Thompson, of Elkhart, ^Ir. Speaker — 70.
Thompson, of Spencer,
Troutman,
Tulley,
Wesner,
Whiiworth,
Willard,
Wilson, of Blackford,
Wilson, of Ripley,
Wood,
Woodard,
Woollen,
Wynn,
Those icho voted in the negative were, 3Tessrs.
Blocher,
Durham,
Eaton — 3.
So the bill passed.
The question being, shall the title a^ read stand as the title of the
bill? ' '.
It was so ordered. s
Mr. Spellman was granted leave of absence until Monday nest.
The following message was received from the Senate, by the Sec-
retary thereof:
Mr. Speaker:
I am directed by the Senate to inform the House that the Senate
liaa n3;5sed the following Senate bill, to-wit:
A bill to prevent extortionate charges for and unjust discrimination
in the transportation of freight by railroad companies and other
common carriers, and to provide a remedy when such extortions or
discriminations are practiced, and lor the assignment of claims ; and
the same is herewith transmitted to the House.
Also Engrossed House Bill No. 49. A bill creating the Twenty-
second Judicial Circuit of the State, and fixing the time of holding
468
Circuit Courts therein, vrith tlie following amendment to the title^
to wit : " And declaring an emergency/' and respectfully ask the-
concurrence of the House therein.
Mr. Wynn introduced
House Bill No. 231. An act amending an act entitled "An act
to authnri/.c aid t© the construction of railroads hy counties and town-
ships taking stock in and making donations to railroad companies/^
approved May 12, 1869.
Which was read a first time and referred to the committee on rail-
roads.
Mr. Mellett introduced
House Bill No. 232. An act to fix tjie number of Senators antf !
Representati%-cs to the General Assembly of the State of Indiana^
and to apportion tlie same among the several counties of the Stat€y.
and licclaring an emergency.
Which was read a first time, and,
■ On motion of Mr. Mellett,
Referred to the committee on elections.
Mr. ^^ alker introduced
House Bill No. 233. An act to divide the State of Indiana into]
Congressional Districts.
Which bill was read a first time.
Mr. ShiVlcy introduced
House Bill No. 234, An act relating to (he terms of courts, thei;
iorming of issues and trials in criminal and civil causes in the several
C(3urts in this State, and defining the powers and prescribing the
duties of judges therein.
Which bill was read a first time, and referred to the committee on
the oriranization of courts.
Mr. Kimball ])resented the claim of T. W. McCoy for |3,20O.
which was referred to the committee (m claims.
469
The message from the Senate iu relation to the amendment pro-
^ posed by the Senate to House Bill No. 49, was read and the amend-
iment adopted.
On motion of Mr. Walker,
House Bill No. 24, was taken from the table and referred to the
committee on the judiciary.
Mr. VVoodard oti'ered the following i-esolution :
A resolution to appoint a committee to inquire into the condition
and needs of the office of Secretary of State.
Whereas, The late Secretary of State, in his annual report to
<jrovernor, urgently recommended a reorganization of his office, and
Whereas, The present Secretary represents that the public service
l-suffers great ineovenience and detriment from the want of system
and care in })ast years, and the absence of important records, registers
and indices, and
im
WuEEEAS, This General Assembly has passed laws and has
pending bills increasing the duties of his office.
Therefore, for the purpose of abating information, be it
Revived, That a special committee of three members of this House
be ai>pointed by the Speaker to act alone, or with any similrr com-
mittee appointed by the Senate, to investigate the condiionand needs
of the office of Secretary of State^ and to inquire if any legislation
is necessary, and to report by bill or otherwise.
Which was adopted.
On motion of Mr. Tully,
The House adjourned until to-morrow morning at 9 o'clock.
470
SATURDAY MORNING.
December 14, 1872, 9 o'clock.
The House met pursuant to acijournra(?nt with the Speaker in the-
chair.
Prayer was oifered by the Rev. H. R. Naylor, of Indiajiapolis,
The Journal of yesterday was read in part, when,
On motion of Mr. McConnell,
The farther reading was dispensed with.
The Speaker announced the following select committee as
required by the resolution of Mr. Woodard in relation to the
investigation of the condition and need of the office of Secretary of
• State :
Messrs. Woodard, Goble and Glazebrook.
Mr. Satterwhite, chairman of tlie committee on banks, submitted
the following report :
Mr. Speaker :
The committee on banks to whom was referred House Bill No».
60, an act to provide for the assessment and collecting of taxes on^
stocks on State and National Banks, have had the same under
consideration and find the same provision in House Bill No. 163,.
passed by this House, December 12, 1872, consequently the committee-
consider no further legislation necessary, and recommend the bill be
indefinitely postponed.
Which report was not concurred in.
The bill was read a second time and ordered to be engrossed.
Mr. Hedrick, chairman of the committee on rights and privileges,,
submitted the tbl'.owing report:.
471
Mr. Speaker :
The committee on rights and privileges to whom was referred
House Bill No. 82, an act to repeal an act, entitled " An act provid-
ing for the protection of fish, prescribing penalties," etc., have had
the same under consideration, have directed me to report the same
back recommending that it be indefinitely postponed.
Oa motion of Mr. Richardson,
The report and bill were laid on the table.
Mr. Hedrick, chairman of the committee on rights and privileges,
subaiittvd the following report:
Mr. Speaker :
The committee on rights and. privileges, to whom was referred
House Bill No. 227, have had the same under consideration and
direct me to report it back, recommending its passage.
Which report was concurred in.
The bill was read a second time and ordered engrossed.
Mr. Ogden, chairman of the committee on corporations, submitted
the following report:
Mr. Speaker :
Your committee on corporations, to whom was referred House Bill
No. 3, entitled an act to amend section 4 of an act entitled *' An act
concerning the organization and perpetuity of voluntary associa-
tions, and repealing an act entitled ' An act concerning the organi-
zation of vuluntary associations, and repealing all former laws in
reference thereto,' approved February 12, 1855, and repealing each
act repealed by said act, and authorizing gifts or devises by will to
be made to any corporation or purpose contemplated by this act,"
approvetl February 20, 1867, and declaring an emergen.cy, have had
the same under consideration and reporc it back to the House with
the recommendacion that it pass.
Which report was concurred in, the bill read a second time and
passed to a third reading.
Mr. Giiford, chairraan of the comraittee on cities and towns,
submitted the following report;
Mr. Speakee : ' ■ .
The committee on cities and towns, to whom was referred House
Bill No. 185, have had the same under consideration, and have
directed me to report the same back to the House with a recommen-
di:tion that it pass.
Which report was concurred in, the bill read a second time and
ordered to be engrossed.
Mr. GJregory, chairman of the select committee, to whom was
referr-'d the matter of the investigation in relation to the surplus
revenue of Carroll county, submitted the following report and reso-
lution :
Mk, Speaker :
The committee to whom was referred the investigation of the
disposition of certain moneys alleged to have been collected upon
judgment ol)taiiied in the Carroll Circuit Court on the relation of
Joliu D. Evans, Auditor of State, against Joseph Evans and William
Dunk!e, executors of Samuel Grimes, late of Carroll county, in the
State of Indiana, beg leave to submit the following report :
Joseph A. Sims came in jierson, and upon his oath testified that
he had been employed upon a written contract with L. B. ]\IcCarty,
Aiiditor of the State of Indiana, and B. W. Hoss, Superintendent of
Public Instruction, together with Barnabas C. Hobbs, also Superin-
tendent of Public Instruction of Indiana; and that as such attorney
he instituted the suit above named, j)rosecutcd the same to judgment
amounting in the aggregate to >3ll,199, and collected the same, pay-
ing into the State Treasury the sum of ^700, and retaining the re-
mainder, ^10,419, for his services as attorney in the above suits,
and, as he claims, in accordance with the provisions of the contract
aforesaid. And we further state that the records of the Court in
Carroll county, together with the statements of other witnesses, and
the receipt given by Joseph A. Sims to William Dunkle upon the
receipt of .the money, all coroborate the statement of the said Joseph
A. Sims. Your committee being of the opinion that the validity of
the couti'act upon which said money was retained, as well, also, as
473 ,
"whether the officers of State transeei)do(l their power in entering'
into the contract with said Joseph A. Sims, are questions to be
•determined by legal tribunals only. Therefore, your committee would
present herewith a record of the evidence, together with a copy of
the contract aforesaid, and would recommend the adoption of the
accompanying resolution on the part of the House of Rej)resenta-
tives, requesting to be discharged from a farther consideration of the
case.
Sesolved, That the Attorney General of the State of Indiana be,
and is hereby requested to make all necessary investigation as to the
legality of the disposition of the money collected upon twojudg-
■ments obtained in the Carroll County Common Pleas Court on the
■relation of John D. Evans vs. Joseph Evans and ^\'illiam Dunkle,
executors of Samuel Grimes, late of Carrol! C(ninty, deceased, and
if, in his opinion, the money retained by Joseph A. Sims, or from
■the barter in cuntract with fcaid Sims for the coHecrion of said
iiioney, then the said Attorney General, by and with the consent of
the Superintendent of Public Instruction. Auditor of State and
'Governor of State, shall institute a suit for the recovery of the same.
Which report was concurred in and the resolution adopted.
Mr. King, chairman ot the committee on railroads, submitted the
following report on House Bill No. 117, and substituting a bill in
lieu thereof:
Mr. Speakek :
The committee on raib'oads to whom was referred Plouse Bill No.
117, entitled " An act supplemental to an act to authorize aid to the
construction of railroads by counties and townships, taking stock in
and making donations to railroad companies," approved May l2,
1869, have had the same under consideration and directed me to
report the same back with the recommendation that it lie ou the
table and ofier the following bill as a substitute:
House Bill No. 235 being a bill substituted in lieu of House Bill
No. 117. '' An act suplemental to an act to authorize aid to the
construction of railroads by counties and townships, taking stock in
and making donations to railroad companies," approved May 12,
1SS9.
474
On motion of AFi:. Peed,
The original bill, the rej)ort of the committee, and the substituted
bill, were laid on the table.
On motion,
Senate Bill No. 5 was referred back to the House by the
committee on the judiciary.
Mr. Shirley offered the following amendment :
Add to section 3 : " Provided, That under tlie provision of this
act- the stock so issued being involuntary in its character, no personal
liability shall attach to tlie original holder thereof for any debt
contracted by'the railroad companies."
Which amendment Avas adopted.
On motion of Mr. Peed,
The bill was considered as engrossed, read a third time, and put
upon its passage ?
The question being, thai! the bill pass?
y
Ihose vjho voted in the afinnative were, Messrs.
Anderson, Durham, Hc^Iliugsworth,
Barrett, Eaton, Isenhower,
Baxter, Edwards, of Lawrence,Johnsou,
Billingsley, Ellsworth, Jones,
Bloclier, Eward, Kimball,
Broaddus, Furnas, King,
Butter wortli, Gilford, Lenfesty,
Cauthorn, Glasgow, McConnell,
Clark, Giazebrook, McKinney,
Olaypool, Goble, Mellett,
Cline, Gregory, Miller,
Cobb, ' Gronendyke, North,
Colfujan, Hatcli, ' Odle,
Cole, Hedrick, Oifutt,
Crumpacker, Pleller, Ogden,
Dial, HenderhOii, Peed,
475
Pfrimmer,
Prentiss,
Reeves,
Keno.
Kichardson,
Kudder,
Ramsey,
Satterwhite,
Sell muck,
Scott,
Shirley,
Shatt,
Strange,
Teeter,
Thayer,
Tingley,
Troutman,
Wesner,
Whilworth,
Wilson, of Blackfordi-
Willson, of Ripley,
Wood,
Woollen,
Thompson, of Elkhart, Wynn,
Thompson, of Spencer, Mr. Speaker — 78.
Messrs. Branham and Martin voting in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
The joint committee, on enrolled acts submitted the following
report :
Mr. Speaker:
Your joint committee on enrolled acts would report that they
have examined Enrolled House Bill Ko. 49, entitled "An act
creating the Twenty-second Judicial District," and find the same
correctly enr(»iled.
The Speaker announced that he had signed Enrolled House Act
No. 49.
On motion of Mr. Thompson, of Elkhart,
House Bill No. 235 was taken from tlie t;ibxe.
Mr. Thompson, of Elkhart, moved that the constitutional rule be-
suspended, the bill read a second time by title, considered as
engrossed, read a third time by sections and put upon its passage.
The question beings shall the constitutional rule be suspended?
476
lliose who voted in the affirmative were, Messrs.
Amlerson,
Goble,
Reno,
BaiTi^tt,
Greji^ory,
Richardson,
Billingsley,
Grouendyke,
Iiig{,^s>
Biocher,
Hatch,
Rudder,
Bowser,
Heller,
Ramsey,
Braahara,
Henderson,
Satterwhite,
Broaddus,
Hollingsworth,
Schrauck,
Butter worth,
Iseuhower,
Scott,
Can thorn,
Kimball,
Shirley,
-
Clark,
King,
Shutt,
Claypool,
Lenl'esty,
Stanley,
Cline,
Lent,
Strange,
Cobb,
Martin,
Tecer,
Coff'man,
McCouuell,
Thayer,
Cows;! 11,
McKinu^y,
Tingiey,
Criaiipacker,
Mellett,
Thompson,'
3f Elkhart,
Dial,
Miller,
Thompson,
of Spencer,
Durliam,
North,
Troutman ,
Eaton,
Odle,
Walker,
Edwards, of Lawrence,Otfiitt,
Whitworth,
Ellsworth,
Ogden,
Wilson, of Blackford,
Eward,
Peed,
Willson, of
Ripley,
Furnas,
Pfrimmer,
Wood,
GilTbrd,
Preali.ss,
Woollen,.
Glasgov/,
Reeves,
Mr. Speak e
r— 75.
Nt) oue voting in the negative.
So the constitutional rule was suspended, tlie bill read a second
time by its title, cousidered as engrossed, read a third time by sec-
tions, and put upon its passage.
The question being, shall the bill pass ?
Tlio-se v)ho voted hi the afirmatlve loere, Messrs.
Anderson,
Barrett,
Billingsley J
Biocher,
Bowser,
Branham,
Broaddus,
Butterworfch,
Ckrk,
Cline,
Cobb,
Coffman^
Cole,
Cowglll,
Crura packer,
Dial,
Durham,
Eaton,
Edwards, of I
Ellsworth,
Eward,
Furnas,
Giflord,
Glasgow,
Goble,
Gregory,
Gronendyke,
Hatch,
Hedrick,
Heller,
Henderson,
477
Hollingsworth,
Iseahower,
Johnson,
Kimball,
King,
Lenfesty,
Lent,
Martin,
McConnell,
<a\vrence,McKinuey,
Mellett,
Miller,
North,
Odle,
Offutt,
Ogden,
Peed,
Pfrimmer, ,
Prentiss,
Reeves,
Heno,
Rich unison,
Riggs,
Rudder,
Satterwhite,
Scott,
Shirley,
Shutt,
Stanley,
Teter,
Thayer,
Tingloy,
Thompson, of Elkhart^
Thompson, of Sjwncer,
Troutnian,
Walker,
AVesner,
AVliitwortli,
Wilson, of Jilackfordj.
Willson, of Ripley,
Wood,
Woolen,
Wynn,
Mr. Speaker — 77.
iS'o one voting in the negative.
So the bill passeil.
The question being, shall the title as road ^tand as the title of the
bill?
It wa.s so ordered.
The committee on claims subniittcd the following report :
Mr. Spk.-xkf.r :
The committee on claims, to whom was referred the claim of
James Zs. Kimball for $250, on account of legal services, have had
the same under consideration, and recommend that it be allowed,,
referred to the committee on ways and means and incorporated in
the specilic appropriation bill.
Which re]H)rt was concurred in.
478
The oommittee on claims submitted the following report.
Ma. Speaker:
The committee on claims, to whom was referred the claim of
Henry Coleman for $15, have had the same under consideration,
and recommend that it be allowed, referred to the committee on
•ways and means, and incorporated in specific appropriations.
AVhich report was concurred in.
Mr. Lenfesty, from the committee on claims, submitted the follow-
ing report :
Mr. Speaker :
The committee on claims, to whom was referred the claim of the
Sunday Fost, on account of papers furnished the last General
Assembly, amounting to the sum of 1708.75, have had the same
under consideration, and recommend that it be allowed, referred to
the committee on ways and means, and incorporated in specific
appropriations.
Which report was concurred in.
Mr. Lenfesty, from the committee on claims submitted the follow-
ing report :
Mr. Speaker : " ,
The committee on claims, to whom was referred the claim of E.
P. Beauchamp for $101 on account of services as special messenger,
have had the same under consideration, and recommend that $81 of
the same be allowed, referred to the committee on ways and means,
and incorporated in specific appropriations.
Which report was concurred in.
Mr. Hedrick, from the committee on claims, submitted the follow-
ing report :
Mr. Speaker:
The committee on claims, to whom was referred the claim of C.
479
W. Wrightson, for $40.00, on account of services as clerk to special
committee, have had the .same under consideration, and recommend
that it be allowed, and referred to the committee on ways and means,
and incorporated in -special appropriations.
Which report was concurred in.
Mr. Hedrick, from the comniittee on claims, submitted the
following report :
Mr. Speaker:
The committee on claims, to whom was referred the claim of W.
P. & E. P. Gallup, for §110.50, have had the same under consider-
ation, and recommend tliat the same, less |U*.50 interest, be allowed,
and referred to the committee of ways and mean.s, and incorporattd
in specific appropriations.
Which report was concurred in.
Mr, Cobb, from the committee on claims, submitted the following
report :
Mr, Speaker:
The committee on claims, to whom was referred the claim of the
Jeffersonville Railroad Company, for $65.55, on account of trans-
portation, for examination, have had the same under consideration,
and find it accompanied by proper voueher.s, and recommend that
the same be allowed, and referred to the committee on ways and
means, and incorporated in specific appropriations.
Which report was concurred in.
Mr. Cobb, from the committee on claims, submitted the following
report :
Mr. Speaker :
The committee on claims, to whom was referred the claims of
Barbour & Jacobs, for |2,800, on account of legal services in sundry
ca.ses referred to in accompanying papers, have had the same under
consideration, and recommend that it be allowed, and referred to
480
the cotnmittee of ways and means, and incorporated in .specifier
apjiropriations.
Which report was concurred in.
On motion of Mr. Offiitt,
House Bill No. D6 was made a sjiccial order for Monday nest, at
2 o'clo(4v; p. M,
Mr. Scott moved that when this House adjourn, it adjourn until
Monday next, at 2 o'clock p. M.
Which motion prevailed.
( )n motion,
The committee on claims was g;ranted leave to withdraw the'
report on the claim of Jonathan W. Gordon, for further consider-
ation.
Mr. Heller introduced
House Jjill No. 236. An act providing for taking the sense of
the qualiiied voters of this State on the calling of a convention to
alter, amend, or revise the Constitution of this State.
Which was read a first lime and referred to the committee oi>
county and township business.
Mr. W^esner introduced
House Bill No. 237. An act to amend section nineteen, of an
act entitled "An act prescribing the powers and duties ot Justices
of the l-'eace in State prosecutions," approved May 26, 1852.
Which was read a first time and referred to the committee on the
judiciary.
Mr. Wesner introduced
House Bill No. 238. An act to amend section nineteen of au
act entitled "An act regulating descents, and the apportionment of
estates," approved May 14, 1852.
481
Which was read a first time and referred to the committee on the
judiciary.
Mr. Martin introduced
House Bill No. 239. An act to prevent the establishment of any
slaughter house, dead animal rendering house, soap or starch factory
or any other offensive trade or business by which running waters
are made corrupt or impure, upon any stream, creek or river, the
waters of which run to or by any waterworks, within the distance
of four miles above said water works, and prescribing penalties for
violation of this act.
Which was read a first time and refered to the committee on the
judiciary.
The joint committee on enrolled blils submitted the following
report.
Mr. Speaker :
The committee on enrolled bills, would respectfully report that
they presented December 12, for the signature of the Governor, the
following enrolled act, to wit :
Enrolled Senate Act No. 85. An act to provide for the payment
of sundry bonds or stock of the State of Indiana, issued prior to
the year 1841, and declaring an emergency.
Also Senate Joint Resolutiou No. 2. A joint resolution in rela-
tion to the two per cent, claims of Ohio, Indiana and Illinois, now
pending before Congress.
Mr. Ellsworth presented a memorial from numerous citizens of
Crawford county on the subject of license laws.
Which was referred to the committee on temperance.
Mr. Givan introduced
House Bill No. 240. An act to amend section seventy of an act
entitled " An act providing for the election and qualification of
Justices of the Peace, and defining their jurisdiction, powers and
H. J.— 31
482
duties in civil cases," approved June 9th, 1852, and saving pending
actions, and declaring an emergency.
"SVliich was read a first time, and referred to the committee on the
judiciary.
Mr. Miller offered the following resolution :
Resolved, That the committee on railroads be requested to inquire
and report to this House what legislation is necessary to protect
property along railroad tracks from damage by fire communicated
by sparks from passing locomotives.
Which was adopted.
M,. Shutt presented the claim of Messrs. Hendricks, Hord and
Hendricks for legal services, to the amount of §1,000.
Which was referred to the committee on claims.
Mr. Claypool introduced
House Bill No. 241. An act to give security to persons who
contract with railroad corporations to perform work and labor in
the construction of railroads, and declaring an emergency.
Which was read a first time, and referred to the committee on the
jndi( iary.
Mr. Clark pi'esented sundry petitions from citizens of Hamilton
county, on the subject of temperance.
Which were referred to the committee on temperance.
Mr. Offutt offered the following resolution :
Bcsolv&l, That the following named officers of the House, to wit :
Principal and Assistant Clerks, Doorkeeper, Postmaster, and the
•Chairman of the different committees, are hereby required to make
out, in writing, a list of all clerks and other employes under them,
together with the duties now being performed by each, and the
necessity for further retaining them ; which said list shall be made
out and reported to the House, qi. or before Monday next at two
o'clock.
Which was adopted. . '
483
Mr. Hedrick presented a petition from sundry citizens of Henry-
county, praying for the repeal, or material modification, of the act
providing for county and township aid in the construction of rail-
roads.
Which was referred to the committee on railroads.
Mr, Cobb offered the following resolution :
Resolved, That the members of this House are authorized, and
required, at the close of this session, to retain for use during the
coming regular session of this General Assembly, the copies of
Gavin and Hord's Statutes and Davis' Supplement, drawn from the
State Librarian, for use during the special session.
Which was adojited.
Mr. Woollen introduced,
House Bill No. 242. An act concerning promissory notes pay-
able in bank.
Which was read a first time and referred to the committee on
the judiciary.
Mr. Troutraan offered the following resolution:
Whereas, Oar material banking system, limited as it is, does
not afturd an adequate circulating medium for the commercial inter-
ests of the country, and,
Whereas, The general prosperity of the State demands such
legislation as will invite capital into the same.
Therefore, resolved, That the committee on the judiciary be
requested to inquire into, and report to this House, what legislation
is necessary to establish a State banking system similar to that of
the national banking system.
Which,
On motion of Mr. Miller,
W^as laid on the table.
Mr. AVood presented a petition from sundry citizens of Lake
county on the subject of temperance.
A\ ch was referred to the committee on temperance.
484
Mr. Teeter introduced
House Bill No. 243. An act to repeal an act entitled " An act to
provide for the protection of wild game, defining the time in which
the same may be taken or killed, and declaring the penalty for the
violation of this act/' approved February 26, 1857.
Also, to repeal an act entitled "An act to provide for the protec-
tion of wild game, and defining the time in which the same may be
taken or killed, and declaring the penalty for the violation of this
act, repealing all laws inconsistent herewith, and declaring an emer-
gency," approved March 11th, 1867.
Which was read a first time and referred to the committee on
agriculture.
Mr. Peed introduced
House Bill No. 244. An act to amend Section ten of an act
entitled " An act to provide for a general system of common schools,
the officers thereof and their respective powei's and duties, and
matters connected thei'ewith, and prescribing the fees for certain
officers therein named, and for the establishment and regulation of
township libraries, and to repeal all laws inconsistent therewith,
providing penalties therein prescribed," approved March 6, 1865.
Which bill was read a first time and referred to the committee
on education.
Mr. Johnson introduced x ■
House Bill No. 245. A bill to provide for paroling of prisoners
who may be confined in any county jail for the non-payment of
fines which may have been adjudged against them upon conviction
of public offenses.
Which bill was read a first time and referred to the committee on
the judiciary.
Mr. Johnson introduced
House Bill No. 246. An act concerning the granting of pardons
by the Governor.
Which bill was read a first time and referred to the committee on
the judiciary.
485
The following message was received from the Senate by the Sec-
retary thereof:
Mr. Speaker :
I am directed by the Senate to inform the House that the Senate
has concurred in the following engrossed amendment to Senate Bill
No. 5, to wit : .
Engrossed Amendment. "Provided, That the stock so issued
under the provisions of this act, being involuntary in its character,
no personal liability shall attach to the original holder thereof, for
any debt contracted by the railroad company."
Mr. Johnson introduced
House Bill No. 247. A bill in relation to the qualifications of
jurors m certain cases therein named.
Which was read a first time and referred to the committee on the
judiciary.
Mr. Johnson introduced
House Bill No. 248. An act for the presentation of evidence in
certain cases, providing for the appointment of official reporters for
the courts of this State, prescribing their duties, and providing for
their compensation.
Which bill was read a first time and referred to the committee on
the judiciary.
Mr. Cauthorn intrduced
House Bill No. 249. A bill for an act to fix the salaries of
Judges of the Supreme Court of Indiana, providing the manner of
paying the same and declaring an emergency.
Which bill was read a first time.
Mr. Branham moved that the constitutional rule be suspended^
the bill read a second time by its title, considered as engrossed, read
a third time by sections and put upon its passage.
The question being, shall the constitutional rule be suspended?
486
Those who voted in the affirmative were, Messrs.
Anderson,
Barrett,
Billingsley,
Branham,
Broad d us,
Butterworth,
Cauthorn, •
Clark,
Cline, .
Coffin an,
Cole,
Dial,
Durham,
Eaton,
Ellsworth,
Furnns,
Givan,
Glasgow,
Goble,
Gregory,
Gronendyke,
Hedrick,
Henderson,
Hollingsworth,
King,
Lenfesty,
Martin,
McConnell,
McKinney,
Mellett,
North,
Peed,
Pfrinimer,
Eeno,
Richardson,
Rudder,
Schmuck,
Shirley,
Stanley,
Strange,
Teter,
Tingley,
Thompson, of Elkhart,
Troutman,
Whitworth,
Wilson, of Blackford,
Wood,
Woollen,
Wynn,
Mr. Speaker — 50.
Those xcho voted in the negative were, Ilessrs.
Claypool, Heller,
Cobb, Johnson,
Cowgill, Lent,
Crumpacker, Ogden,
Edwards, of Lawrence, Prentiss,
Giffbrd, Reeves,
Hatch, Kiggs,
Satterwhite,
Scott,
Shutt,
Thayer,
Thompson, of Spencer,
Walker,^
Wesner — 21.
So the constitutional rule was suspended and the bill read a second
time, whereupon,
On motion of Mr. Thayer,
The bill was referred to the committee on fees and salaries.
Mr. Sattervthite presented petitions from sulidry citizens of Mor-
gan county on the subject of temperance.
Which were referred to the committee on temperance.
Mr. Lent introduced
House Bill No. 250. An act to amend sections 1, 2, 3, 4, 8 and
' ~ 487
18 of an act entitled, *' An act to authorize aid to the construction of
raih'oads by counties and townships taking stock in and making
donations to railroad companies,"
Which bill was read a first time and referred to the committee on
railroads.
Mr. Schmuek introduced
House Bill No. 251. An act to promote immigration to the State
of Indiana.
Which bill was read a first time and referi'ed to the committee on
statistics and emigration.
Mr. AYhitworth introduced
House Bill No, 252. An act to amend section 1 oi an act entitled
"An act in relation to tlie change of public highways," approved
March 11, 1867.
Which bill was read a first time and referred to the committee op
statistics and emigration.
Mr. Ogden introduced
House Bill No. 253. An act to amend sestion twenty-six (2G) of
an act entitled, "An act prescribing the powers and duties of Jus-
tices of the Peace in State prosecutions," approved May 29, 1852.
Which was read a first time and referred to the committee on the
judiciary,
Mr. Riggs introduced
House Bill No, 254, An act to amend an act to incorporate the
Lawrenceburg Insurance Company, approved February 3, 1832.
Which was read a first time and referred to the committee on
insurance.
Mr. Gronendyke presented the claim of Newcomb, Mitchell &
Ketcham for legal services.
Which was referred to the committee on claims.
488
Mr. Higgs presented the claim of John G. Hanning, for gas fix-
tures.
Which was referred to the committee on claims.
Mr. Baxter presented a petition from sundry citizens of Wabash
and Miami counties, on the subject of temperance.
Which was referred to the committee on temperance.
Mr. Baxter presented a memorial from the Society of Friends,
praying for the repeal of the death penalty in criminal cases.
Which was referred to the committee on the judiciary.
House Bill No. 233 was taken up, and
On motion of Mr. Walker,
Head a second time and referred to the committee on elections.
^Ir. Walker presented the claim of Holland & Binkley, for legal
flarvices.
Which was referred to the committee on claims.
Mr. Willson, of Ripley, moved to take up House Bill No. 214.
So ordered.
Which bill was read a second time, and reported to the com-
mittee on the organization of courts.
Mr. Eward was granted leave of absence until Monday next, at
two o'clock, p. M.
The following message was received from the Senate, by the Sec-
retary thereof:
Me. Speaker :
I am directed by the Senate to inform the House that the Senate
has passed the following engrossed House bill, to- wit :
Engrossed House Bill No. 32, entitled " A bill to fix the time of
holding the Court of Common Pleas in the Sixteenth Judicial Dis-
trict, and repealing all laws in conflict therewith,^' with the follow^
489
ing engrossed amendment to the title, to wit : " And dcclai'ing an
emergency."
In which the concurrence of the House is respectfully requested.
On motion,
The message from the Senate in relation to Engrossed House Bill
No. 3'2, and the amendment proposed by the Senate theieto, was
taken up, and,
On motion,
The Senate amendment was adopted.
!Mr. Holliugsworth was granted leave of absence until Monday
next.
The Speaker announced that he had signed Senate Enrolled Act
No. 1 .
The following message was received from the Senate by the Sec-
retary thereof;
Me. Speaker :
I am directed by the President of the Senate to inform the House
that he has signed the following enrolled House acts, to wit :
Enrolled House Act No. 37. An act authorizing an appropria-
tion of money out of the State treasury for the use ot Indiana Uni-
versity, located at Blooraington, Monroe county, in paying debts
created by borrowing money for current expenses in the years 1870
and 1871.
Also, Enrolled House Act No. 70. An act to enable counties
bordering on the State lines, or rivers forming State boundaries,
and townships and cities therein, to aid in the construction of rail-
road opposite such counties in other States, to run to such counties
or to the State line or river forming the State boundary bordering
such counties, or to form connections with other railroads in such
counties, and prescribing the duties of the officers of such counties
for that purpose; and authorizing such cities to issue bonds for such
aid, and declaring an emergency.
Also, Enrolled House Joint Resolution No. 2. A joint resolution
490
agreeing to and adopting an amendment proposed to the constitution
by the last General i^ssembly, by adding to the tenth article a
section in relation to the debt charged upon the Wabash and Erie
Canal.
Also, Engrossed Act of the House No. 49. Entitled ''An act
creating the Twenty- second Judicial Circuit of Indiana, and fixing
the time of holding Ciicuit Courts therein, and declaring an emer-
gency.
And the same has been delivered to the joint committee on enrolled
bills in accordance with rule No. 4 of the joint rules of both Houses.
The following message was received from the Senate by the Secre-
tary thereof:
Mr. Speaker:
I am directed by the Senate to transmit to the House of Repre-
sentatives lor the signature of the Speaker thereof the following
enrolled act, namely :
Senate Bill No. 1. A bill to repeal an act entitled "An act to
authorize and encourage the construction of levees, dykes and drains
and the reclamation of wet and overflowed lands by incorporated
companies, and to repeal all former laws relating to the same
subject," which act took effiect without executive approval on the
22d day of May, 1869.
Also, an act to repeal an act entitled " An act to authorize and
encourage the construction of levees, dykes and drains, and the
reclamation of wei and overflowed lands by incorporated crmpanies,
and to repeal all former laws relating to the same subject," which act
took effect May 22, 1869, and prescribing penalties for the violation
of the provisions thereof, which last named act was approved on the
23d day of February, 1871, and saving the rights therein mentioned,
and declaring an emergency.
On motion of Mr. Willson of Ripley,
The House adjourned until Monday at 2 o'clock p. M.
491
MONDAY AFTERNOON,
December 16, 1872, 2 o'clock.
The House met pursuant to adjournment, with the Speaker in the
chair.
|i The joint committee on enrolled bils submitted the following
report : .
Mr. Speaker:
Your joint committee on enrolled bills have, this 14th day of
December, 1872, presented Enrolled Bill No, 1, entitled "An act
to repeal an act entitled ' x4.n act to auihoi ize and encourage the con-
struction of dykes and levees, etc.'" Also to repeal an act supple-
mentary thereto, approved February 23, 1871, to the Governor for
his signature.
(,_
The following message was received from the Senate by the Secre-
tary thereof:
Mr. Speaker :
I am directed by the Senate to transmit herewith to tlie House of
Representatives for the signature of the Speaker thereof, the follow-
ing enrolled acts of the Senate, to-wit:
Enrolled Act No. 68. An act to amend the 2d section of an act
entitled "An act creating the Twenty-third Common Pleas District
and making provisions therefor, and repealing all conflicting laws,"
approved March 11, 1167, providing for the return of process and
declaring an emergency.
Also, Enrolled Act of the Senate No. 5, entitled " An act to
require railroad companies to issue stock paid for by taxes voted for
in construction of railroads, to the tax payers or their assigns, and
to issue unclaimed stock for the benefit of the common school fund,
and declaring an emergency.
492
Also, Enrolled Senate Act No, 51. An act to amend section 1 of
an act entitled "An act to organize a supreme court and prescrib-
ing certain duties of the judges thereof."
Also, Enrolled Senate Act No. 52. An act dividing the State
into five supreme court judicial districts, providing for the appoint.-
ment of one judge of said court to fill vacancies, repealing all laws
in conflict herewith, and declaring an emergency.
The fallowing message was received from the Senate, by the Sec-
retary thereof:
Mr. Speaker :
I am directed by the Senate to inform the House that the Senate
passed the following engrossed bill of the Senate, to wit :
Engrossed Senate Bill No. 2. Entitled "A bill to authorize and
regulate the incorporation of banks of discount and deposit in the
State of Indiana."
Also, Engrossed Senate Bill No. 159. An act to ])rovlde for the
submission of the qualified voters of this State, for their ratification
or rejection, a proposed amendment to the Constitution of Indiana,
therein mentioned, and declaring an emergency.
Also, Engrossed Senate Bill No. 59, to wit: An act to amend
secti'iLS twelve, fourteen and eighteen, and to repeal sections fifteen
and sixteen of an act entitled "An act to authorize aid to the con-
struction of railroads by counties and townships taking stock in,
and making donations to railroad companies," approved May 12,
1869, and declaring an emergency.
"Which are herewith respectfully transmitted.
Also, I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed the following engrossed bill of
the House, to wit :
Engrossed House Bill No. 119. Entitled "A bill in relation to
organizing the two Houses of the General Assembly and defining
certain duties of certain officers in relation thereto and declaring an
emei'geacy," Avith the following amendment to the title, to wit :
193
Strike out a " a bill " v/hei-e it occurs and insert " an act." And
would respectfully ask the concurrence of the House therein.
Also, I am directed by the Senate to inform the House of Rep-
resentatives that the Senate has passed the following engrossed bills
thereof, to wit :
Engrossed Senate Bill No. 145. Entitled "An act in relation to
the organization of the two Houses of the General Assembly, pre-
scribing the number of officers and employes of each House and
regulating their duties."
Also, Engrossed Senate Bill No. 118. A bill to repeal all laws
now in force establishing the times of holding Circuit Courts in the
Twentieth Judicial Circuit, to fix the times for holding said courts,
requiring all persons to take notice thereof, providing for the return
of process, and declaring when this act shall take effect.
Also, Engrossed Senate Bill No. 45, entitled, "A bill to provide
for the permanent enclosure of the Tippecanoe Battle Ground," and
the same is herewith transmitted to the House.
All of which is herewith transmitted to the House.
SPECIAL ORDER.
The special order of the day being the consideration of House
Bill No. 96.
Mr. Walker moved that the further consideration of said bill be
postponed until the next regular session of this Legislature.
Whereupon, Messrs. Cauthorn and Branham demanded the ayes
and noes.
The question being, shall the further consideration of House Bill
No. 96 be postponed until the next regular session of the Legisla-
ture?
Those who voted in the affirmative were, Messrs.
Anderson, Barrett, Blocher,
Baker, Baxter, Bowser,
494
13 ran ham,
Broaddns,
Butter worth,
Cauthorn,
Clark,
CI ay pool, ■
Cline,
Cobb,
Cole,
Cowgill,
Crumpacker,
Dial,
Durham,
Edwards, of Law
Ellsworth,
Glasgow,
Glazebrook,
Goble,
Gi'oncridjke,
' Hatch,
Hedrick,
Heller,
Hollingsworthj
Hoyer,
Johnson,
Jones,
Kirkpatrick,
Lenfesty,
Martin,
McCoiinell,
McKinney,
:Mi!ler,
rence,Kortli
Peed,
Prentiss,
Reeves,
Reno,
Richardson,
Riggs,
Rudder,
Rumsey,
Schmuck,
Scott,
Shutt,
Spellman,
Stanley,
Tingley,
Thompson, of Spencer,
Troutman,
Tulley,
Walker,
Wcsner,
Whitworth,
Wilson, of Blackford,
Wood,
Woollen,
Wynu— 64.
Those loho voted in the negative xcere, Messrs.
Billingsl
ey,
Kimball,
Shirley,
Cuff man
J
King,
Teeter,
Furnas,
Lent,
Thayer,
Givan,
Ofmtt,
Thompson, of Elkhart,
Gregory,
>
Ogden,
Willson, of Ripley,
Henders
on,
Pfrimmer,
Mr. Speaker— 18.
So the further consideration of said bill was postponed until the
next regular session of the Legislature.
The Speaker announced that he had signed Enrolled Senate Act
No. 68.
Also, Enrolled Senate Act No. 6.
Also, Enrolled Senate Act No. 52.
Also, Enrolled Senate Act No. 5L
On motion of Mr. Lenfesty,
Senate Bill No. 145 was taken up. An act in relation to the
495
organization of the two Houses of the General Assembly, prescrib-
ing the number of officers and employes of each House and
regulating their duties,
Which bill was read a first time.
Mr. Walker moved to suspend the constitutional rule, have the
bill read a second time by title, considered as engrossed, read a third
time by sections and put upon its passage.
The question being, shall the constitutional rule be suspended ?
Those loho voted in the affirmative were 3Iessrs.
Anderson,
Baker^
Billiiigsley,
Blocher,
Bowser,
Braniiam,
Broaddus,
Batter worth,
Cautborn,
Clark,
Cline,
CofFman,
Cole,
Cowgill,
Crum packer,
Dial,
Durham,
Eaton,
Ellsworth,
Furnas,
Givan,
Glasgow,
Glazebrook,
Goble,
Gregory,
Gronendyke,
Hatch,
Hedrick,
Henderson,
Hollingsworth,
Hoyer,
Johnson,
Jones,
Kimball,
King,
Kirkpati'ick,
Lenfesty,
Lent,
Martin,
McConnell,
McKinney,
North,
OfFutt,
Ogdeu,
Prentiss,
Reno,
Bichardson,
Riggs,
Rudder,
Rumsey,
Schmuck,
Scott,
Shirley,
Shutt,
Spell man,
Stanley,
Teter,
Thayer,
Thompson, of Elkhart^
Trout man,
Tullev,
Walker,
Wesuer,
Whitworth,
Wilson, of Blackford,
Wood,
Woollen,
Woodard,
Mr. Speaker— 69.
Those toho voted in the negative were, 31essrs,
Baxter, Cobb, Heller,
Claypool, Edwards, of Lawrencc,Peed,
496
Pfrimmer, Thompson, of Spencer, Willard — 10.
Tingley,
So the constitutional rule was suspended, and the bill read a second
time by title.
Whereupon Mr. Walker oiFered the following amendment :
Amend section 2, by striking out the clerks of the standing
committees of the Senate and House.
Which amendment was adopted.
Mr. Wesner oifered the following amendment:
Amend that part of section second that relates to the number of
copying clerks of the assistant clerk of the House of Representa-
tives, by striking out the word ''four/' and inserting "five."
Which was adopted.
Mr. Cauthorn offered the following amendment.
I move to strike out sections 7, 8, 9, 10 and 11.
Which was adopted.
Mr. Billingsley offered the following amendment.
That where the bill provides for three engrossing clerks for the
principal clerk, the same shall be amended so as to read four engross-
ing clerks and one page.
Mr. Cauthorn moved to lay the amendment on the table.
Which motion did not prevail. •
The question being shall the amendment offered by Mr. Billingsley
be adopted.
Messrs. Cauthorn and Billingsley demanded the ayes and noes.
TAo.se who voted in the affirmative tvere, 3Jessrs.
Baker,
Branham,
Cobb,
Baxter,
Broaddus,
Cole,
Billing ley,
Clark,
Cowgill,
Blocker,
Claypool,
Crumpackei',
497
Edwards, of Lawrence,North,
Tingley, ' '^
Furnas,
OiFut,
Thompson, of Spencer,
Glasgow,
Pfrimmer,
Troutman,
Gregory,
Prentiss,
Wal ker,
Gronendyke,
Reeves,
Willard,
Hatch
Richardson,
Wilson, of Blackford,
Henderson,
Riggs,
Willson, of Ripley,
Hollingsworth,
Scott,
Wood,
Kirkpatrick,
Shutt,
Woodard,
Lent,
Thayer,
Mr. Speaker— 43.
Miller,
TJiose who voted in the negative were, 3Iessrs.
Anderson,
Heller,
Reno,
Butterworth,
Hoyer,
Rudder,
Cauthorn,
Jones,
Rumsey,
Cline,
Kimball,
Schrauck,
Coffman,
King,
Shirley,
Dial,
Lenfesty,
Spellman,
Durham,
Martin,
Strange,
Eaton,
McConnell,
Thompson, of Elkhart,
Ellsworth,
McKinney,
Tulley,
Givan,
Mellett,
Wesner,
Glazebrook,
Ogden.
Whit worth.
Goble,
Peed,
Woollen — 37,
Hedrick,
So the amendment was adopted.
The bill, as amended, was considered as engrossed, read a third-
time by sections and put upon its passage.
The question being, shall the bill, as amended, pass?
Thoae tcho voted in the affirmaiive were Messrs.
Anderson,
Blocher,
Cauthorn,
Baker,
Bowser,
Clark,
Barrett,
Branham,
Cline,
Baxter,
Broaddus,
Cobb, •
Billingsley,
Butterworth,
Coffman,
H. J.
—32
498
Cole,
Jones,
Rumsey,
1
Cowgill,
Kimball,
Schmuck;
Crumpacker,
King,
Scott,
Dial,
Kirkpatrick,
Shirley,
Durham,
Lenfesty,
Shutt,
Eaton,
Lent,
Spellman,
Edwards, of Lawrence,Martiii,
Teeter,
Ellsworthj,
McConnell,
Thayer,
Furnas,
McKinney,
Tingley,
Givan,
Mellett,
Thompson,
of Elkhart,
Glasgow,
Miller,
Thompson,
of Spencer,
Glazebrookj
North,
Tulley,
Goble,
Offutt,
Walker,
Gregory,
Ogden,
Wesner,
Gronendyke,
Peed,
Wilson, of
Blackford,
Hatch,
Pfriramer,
Willson, of Ripley,
Hedrick,
Prentiss,
Wood,
Henderson,
Reeves,
AVoodard,
HoHingsworthj
EichardsoU;
Woollen,
Hover,
Riggs,
Mr. Speaker — 77,
Johnson,
Rudder,
Those who voted in the negative were, Messrs.
Reno, Whitworth— 4.
Claypool,
Heller,
So the bill passed
The question being, shall the title as read stand as the title of the
bill? ■
Whereupon, Mr, Cauthorn offered the following amendment :
Amend title by striking therefrom, the words following, to wit:
" In relation to the organization of the two Houses of the General i
Assembly."
Which was adopted.
The question being, shall the title as amended, stand as the title
of the bill?
It was so ordered.
499
The following message was received from the Governor, by John
M. Conamons, his Private Secretary :
Mr. Speaker:
T am directed by the Governer to respectfully inform the House,
that he has approved and signed,
Enrolled Act of the House No. 37, entitled "An act authorizing
an appropriation of money out of the State Treasury, for the use of
the Indiana University, located at Bloomington, Monroe county, in
paying debts created by borrowing money for current expenses, in
the years 1870 and 1871."
Also, Enrolled Act of the House No. 49, entitled "An act crea-
ting the Twenty-second Judicial Circuit of Indiana, and fixing
the time of holding Circuit Courts therein," and declaring an emer-
gency.
Also, Enrolled Act of the House No. 70, entitled "An act to
enable counties bordering on the State lines, or rivers forming State
boundaries, and townships and cities therein, to aid in the construc-
tion of railroads opposite such counties, in other States, to run to
such counties or to the State line or river forming the State bound-
ary, bordering such counties, or to form connections with other
railroads in such counties, and prescribing the duties of the officers
of such counties for that purpose, and authorizing such cities to
issue bonds for such aid," and declaring an emergency.
»
Also, that he has caused House Joint Resolution No. 2, being
"A joint resolution agreeing to and adopting an amendment pro-
posed to the Constitution by the last General Assembly, by adding
to the Tenth Article a section in relation to the debt charged upon
the Wabash and Erie Canal."
Together with the foregoing recited acts, to be deposited in the
office of the Secretary of State.
JOHN M. COMMONS,
Private Secretary.
The following message was received from the Senate by the Secre-
tary thereof:
\ - ■
500 .
Mr. Speaker :
I am directed by the Senate to inform the House that the Senate
has passed the following Senate Bill, to-wit:
Engrossed Senate Bill No. 87, entitled " An act granting the con-
sent of the State of Indiana to the purchase by the United States of
certain lands for the erection of a public building at Evansville, and
ceding jurisdiction over the same."
And the same is herewith transmitted to the House.
The Speaker announced that he had signed Enrolled House Act
No. 32.
The Assistant Clerk of the House, Moses G. McLain, submitted
the following report:
Hon. Wm. K. Edwards,
Speaker of the House of Representatives :
In compliance with a resolution of the House I beg leave respect-
fully to submit the following report, giving the names and duties of
my employes during the present term of the General Assembly :
Minute Clerk— William S. Barkley.
Journal Clerk — Alexander Shej)herd.
Copying Clerk — Daniel M. RansdelL
Copying Clerk — William H. Brown.
Copying Clerk — John Ij. Pitner. '
Copying Clerk — Lewis T. Wilson. •
Copying Clerk — George O. Henry.
I am, very respectfully,
M. G. McLAIN,
Assistant Clerk of the House of Representativea.
The Doorkeeper of the House, T. W, Lockhart, submitted the fol-
lowing report :
Hon. W. K. Edwards,
Speaker of the House of Representatives :
In compliance with a resolution of the House of December 14,
I submit the following report:
601
First Assistant Doorkeeper at middle door — W. H. H. Graham.
East Doorkeeper — Frank M. Busby.
West Doorkeeper — J. M. McLain.
East Cloak Room Doorkeeper — G. M. Adams.
West Cloak Room Doorkeeper — E. P. Beauchamp.
Chief Cloak Room Doorkeeper — Ernst Cole.
Post Master— J. H. Edwards.
Assistant Postmaster — M. D. Hamilton.
Mail Carrier — Fredrick Loffler.
Paper Folder — Frank Matlock.
Paper Folder — Louis Mason.
Sweeper — Jesse H, Green.
Fireman — Isreal Johnson.
Spittoon Cleaner — James Lockhart.
Water Citrrier — Henry Bailey.
Water Closet Doorkeeper — H. H. Porter.
Committee Room Doorkeeper — W. H. Freeman.
Committee Room Doorkeeper — W. H. Slocum.
Page — Charles Brown.
Page — Eddie Vawter.
Three of the above named employes to wit: Mr. Sioeum, Com-
mittee Room Doorkeeper, and Messrs Brown and Vawter, Pages,
were appointed by resolution of the House.
All the above named appointes are believed to be prompt and
efficient in the discharge of their several duties, and in my opinion
it is necessary that they all be retained.
Respectfully submitted,
W. T. LOCKHART.
The joint committee on enrolled bills submittcol the following
report :
Mr. Speaker :
The committee on enrolled bills respectfully report that they have
presented this day, December 14th, 1872, to the Governor for his
signature, the following enrolled acts, to wit:
Enrolled Senate Act No. 51. Entitled an act to organize a
Supreme Court, and prescribing certain duties of the Judges thereof
502
Also Enrolled Senate Act No. 52. An act dividing the State into
five Supreme Court Judicial Districts: providing for the appoint-
ment of one judge of said court to fill the vacancy, repealing all
laws in conflict therewith, and declaring an emergency.
On motion of Mr. Rudder,
Senate Bill No. 118 was takeB up.
An act to repeal all laws now in force establishing the times of
holding Circuit courts in the Second Judicial Circuit; to fix the
times of holding said courts, requiring all persons to take notice
thereof, providing for the return of process, and declaring when
this act shall take effect.
Which bill was read a first time.
Mr. Rudder moved that the constitutional rule be suspended, the
bill read a second time by its title, considered as engrossed, read a
third time by sections, and put ujjon its passage.
The question being, shall the constitutional rule be suspended ?
Those who voted in the a^rmaiive were, 3Iess7's.
Anderson,
Durham,
Lent,
Baker,
Eaton,
Martin,
Barrett,
Edwards, of Lawrence,McConnell,
Baxter,
Ellsworth,
McKinney,
Billingsley,
Givan,
Mellett,
Blocker,
Glasgow,
North,
Branham,
Glazebrook,
Offutt,
Broaddus,
Goble,
Prentiss,
Butterworth^
Gronendyke,
Reeves,
Cauthorn,
Hatch,
Reno,
Clark,
Hedrick,
Richardson,
Claypool,
Henderson,
Riggs,
Cline,
Hollingsworth,
Rudder,
Cobb,
Hoyer,
Rumsey,
CoiFman,
Johnson,
Schrauck,
Cole,
Jones,
Scott,
Cowgill,
Kimball,
Shirley,
Cruraf)acker,
King,
Shutt,
Dial,
Lenfesty,
Spellman,
503
Stanley, Troutman,
Teeter, Tulley,
Thayer, Walker,
Tingley, Wesner,
Thompson, of ElkhartjWhitworth,
Thompson, of Spencer,
JSTo one voting in the negative.
Willard,
Willson of Ripley,
Wood, ;
Woolen, and
Mr.Speaker— 83.
So the constitutional rule was suspended, the bill read a second
time by its title, considered as engrossed, read a third time by sec-
tions, and put upon its passage.
The question being, shall the bill pass?
Those who voted in the affirmative were, J/es-srs.
Anderson,
Baker,
Barrett,
Baxter,
JJillingsley,
Blocher,
Branhani,
Broaddus,
Bntterworth,
Cauthorn,
Clark,
Claypool,
Oline,
Cobb,
CoiJ'raan,
Cole,
Cowgill;
Crumpacker,
Dial,
Durham,
Eaton,
Glasgow,
Glazebrook,
Goble,
Gronendyke,
Hatch ,
Hedrick,
Heller,
Henderson,
Hoyer,
Johnson,
Jones,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lent,
Martin,
McConnell,
McKinney,
Mellett,
Miller,
Edwards, of Lawrence,North,
Ellsworth, OfFutt,
Givan, Ogden,
Pfrimmer,
Prentiss,
Reeves,
Reno,
Richardson,
Riggs,
Rudder,
Rumsey,
Schmuck,
Scott,
Shirley,
Shutt,
Spellman,
Stanley,
Teter,
Thayer,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Tulley,
AValker,
Wesner,
Whitys^orth,
504
Willard, Wlllson, of Ripley, Woollen,
"Wilson, of Blackford, Wood, Mr. Speaker — 78.
No one voting in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
On motion of Mr. Cauthorn,
House Bill No. 119 was taken up, and the amendment proposed by
the Senate in relation thereto, was concurred in.
On motion of Mr. Cole,
Engrossed Senate Bill No. 45 was taken up. An act to provide
for the permanent enclosure of the Tippecanoe Battle Ground, and
declaring an emergency.
Which bill was read a first time and referred to the select
committee on the Tippecanoe Battle Ground.
Mr. Mellett, chairman of the committee on education, submitted
the following report:
Mr. Speaker :
The committee on education, to whom was referred House Bill
No. 55, having had the same under consideration, report it back
with the following amendments and recommend its passage:
That the words, " who shall be a citizen of said county," be inserted
after the words "County Superintendent" in line 4 of section 33.
That the following be inserted in the third line of section 39, after the
word "county," viz.: " He shall attend each Township Institute at
least once in each year, when he shall preside at the same and
conduct its exercises." In line 7 from the last of same section 39,
read "orders" for "advice." In line 21 of section 43 after words,
"required of him," insert "in visiting schools," and strike
out the rest of the section following, and make it read: '" Pro^
vided, the number of days so allowediu each year for visiting
505
scliools shall not be less than the whole nnmber of schools in such
county." In line 4 of section 43 erase " five" and make it " not less
than three nor more than ten dollars." Insert "official" after first
word of section 7. Erase tlie period in line 7 of section S, and
insert " and " instead.
Erase all of section 8, after "maps, charts, etc," in 6th line from
the last, and in line 3, read as follows, viz : "The change of text
books and the care and management of libraries, shall be determined
by wuch boaixl, and each township board shall eonfcnn as nearly as
practicable to its action. But no text book adoj)ted by the county
board shall be changed within three years from the date of such
adoption, except from unanimous consent of all the members o" such
board."
The committee also recommend that the number of section ten, be
chnnfxcd to 15, and the following new sections be incori>orated,
viz:
S-RC. 10. At least one Saturday in each month during which
the public schools may be in j)rogress, shall be devoted to township
trustees or model schools for the improvement of the teachers, and
two Saturdays may be so appi'opriated at the directi(m (.f the town-
ship hoard of education of any township. Sucli institute thall be
presi<led over by a teacher or other person designated by the hoard
of education of the township. The township trustee shall specify
in a written contract with each teacher that such teacher will attend
the full session of each institute contemplated herein, or forfeit one
days wages for every absence therefrom.
Sec. 11. The present township trustee, together with two town-
ship school trustees, to be chosen in the manner hereinafter pro-
vided, shall constitute a township board of education. Said Board
shall meet on the second Mondays of August, September, March and
June, of each year, at the (office ot the township trustee, and as
much ofte.ner as the township trustee shall direct. The majority
of said Board shall constitute a (piorum. It shall be the duty of said
Boanl to select teachers for the schools of the township, dttermiue
the school houses which shall be erected, the additions and aiiera-
lions wliich shall be made to the same, and the location of such
school houses, to abolish school districts and create new ones, and to
make sale of any lands or other property which may have been
506
required by such township for school purposes. It shall take
charge of the educational affairs of the township andbuild or
otherise provide suitable houses, furniture, apparatus, and other
articles of educational appliances necessary for the thorough
organization and efficient management of said schools. It may also
establish giadod schools or such modification of them as may be
practicable, and provide for admission into the higher departments
of the graded schools from the primary schools of the townships
such pupils as are sufficiently advanced for admission. It shall
have the care and management of all property, real and per-
sonal, belonging to the township corporation for school purposes,
and shall have all the power and discharge all the duties now
possessed and performed by the township trustees in relation to
comon schools. Such Board may also, in its discretion, employ a
superintendent for the thorough organization and efficient manage-
ment of the schools of the township.
Sec. 12. It shall be the duty of the auditors of the several
counties to appoint the two township school trustees contemplated in
the preceding section for the several townships of their respective
counties prior to the June session of the county commissioners of
the year 1873, subject to confirmation by said commissioners.
Such school trustees so appointed shall hold their office until the
next sncceding general election, at which time, and at every general
election thereafter, their successors shall be chosen by the township
electors in the same manner as other township officers are elected.
The [said school trustees before entering upon the duties of their
office shall take and subscribe an oath before the township trustee to
faithfully perform the duties of the same. The trustee shall certify
the names of school trustees so qualified within ten days after their
election or • appointment, who shall report the same to the Superin-
tendent of Public Instruction.
Sec. 13. When there shall be a failure to elect the township
school trustees, and in case a vacancy shall occur in said office from
any cause, in any township, the trustee of that township shall
appoint such school trustees, as soon as he is informed of such
vacancy, and the person so appointed shall hold his office until the
next general election, and when an appointment of school trustee is
made by said trustee, he shall make out a certificate of such appoint-
ment, and deliver the same to a constable of such township, within
507
three days thereafter, and such constable shall deliver the same to
the person or persons so appointed, and make return thereof to such
trustee within seven days thereafter, but any person may be exeuipt
from serving as such school trustee, by paying into the county
treasury the sum of ten dollars, for the benefit of the common school
fund : Provided, however, that no person shall be compelled to serve
oftener than one term in six years.
Sec. 14. Any person who shall fail to accept the office of school
trustee of his township, and to qualify and serve as such wlien duly
elected or appointed, or to pay the sum specified in the preceeding
section, as a commutation therefor, within twent}' days after his
appointment or election, shall fin'feit the sum of ten dollaivs, to be
recovered before any justice of the peace of the township, for the
benefit of the common school fund. In case of such failure, the
township trustee shall bring suit for such penalty, in the name of the
State of Indiana, for the use and benefit of the common school
fund, and if there be no such trustee, the county superintendent shall
bring such sui(, and such penalties so recovered sh;'!l be paid into
the county treasury.
The committee further recommend that the numbers of sections
9 and 10, be changed to 15 and 16, respectively, to conform to the
changes recommended.
Which report was concurred in, the amendment adopted, and,
On motion of Mr. Branham,
Was laid on the table and two hundred copies ordered to be
printed for the use of the members of the House.
The Speaker laid before the House the following opinion of the
Attoi'ney General.
Office of Attorney General,
Indianapolis, Indiana,
December 16, 1872.
Hon. W. K. Edwards,
Speaker of the Mouse of Representatives:
In response to the joint resolution of the two Houses of the
508
General Assembly, I have the honor to transmit the following
statement of facts concerning the present conditum of the Calumet
dam, I find that on the 17th day of July, 1872, a bill was
filed in the Circuit Court of Cook county, Illinois, by Cliarles
Pfeefler and John Iloll against the Canal Commissioners of the State
of Illinois, and Thomas Smith.
It is averred in the bill that on the 26tli day of December, 1864,
that compjninti.nts and Frank Mnrchiezeka, August Henneck and
Daniel O. Robinson, entered into an agreement with the Trustees
of (lie Illinois and Michigan Canal, a board duly organized and
having a legal existence under the laws of tlie State of Illinois, that
the same was duly executed, etc., leased to the said parties for
fifteen years from said 26th day of December, 1864, the use and
occupation of all (he surplus water (not required for the use of said
canal) on the main line of said canal, said water to be taken out of
the feeder near the pool of the Calumet feeder dam, subject to the
supL-rvi-ioc of the Board of Tru-ilees.
That said lessees were to construct at their own expense, in good
an<! substantial manner such regulating weirs, culverts, head-gates
mill-n;ces, or such other devices as shall be considered necessary by
the ))arties of the first part (said trustees).
That it was further ag;reed that said lease mio'ht be renewt^'d for
fifteen years on such terms as should be determined (as to price) by
three disinterested freeholders. That at the time said lease was j
made, the people of Cook county living in Blue Island, were ,i
exceedingly anxious that afloui* mill shotild be constructed at said
dam and operated with the water power, and that said agreement
was entered into with the view and for that pur[)ose said agreement
was entered into as was well known by said trustees, more especially
to be used for the benefit of the I'armers in that vicinity. That
before entering into said agreement they were informed by said
trustees that they should have the permanent use of said water
power, and on this being done they purchased the land and erected
the mill which was completed and in operation in October, 1866, at
a cost of fourteen to fifteen thousand dollars. That complainants
are now the sole owners of the mill and ground, having purchased
the interest of the other parties, and that they owned a large
quantity of land lying near saitl mill and extending across the river
at tlie point where said dam is situated, that they purchased said
property with express reference to the existence of said dam and
water power.
509
That they have complied with the terms of the agreement on their
part. That said dam was built in 1848 by tlie State of" Illinois
in order to furnish water to the Illinois and Michigan Canal. That
from the long continuance thereof the impression has been that
it would remain, and said water power would be permanent. That
property has been purchased and sold for many years past with
reference to and in expectation of its continuance. That the dam
is built at the foot of certain rapids in said river, and that the river
is navigable from Lake Michigan to that point, a distance of about
twelve miles, and that by constructing a lock therein the river would
be navigable, as tliey are informed, for thirty miles further. That
the only persons interested and moving for the removal of said dam
are certain persons in Indiana owning land upon said river or its
branches.
That about the 19th or 20th, 1872, said Canal Commis-
sioners made some preparations to remove said dam, and sent some
men to begin the work, and that thereupon your orators filed iheir
bill in this court against said Trustees and the foreman of the work
for an injunction to restrain them from removing the same. That
said bill contained substantially the same allegations as the present
one; that the injunction was granted, and the wi'it issued and served
on the foreman in charge.
That said bill states that the entire removal of said dam was
unnecessary to restore the water to its former and natural level at
the State line of Indiana, and that a partial removal would accom-.
plish that purpose, and thus in a measure protect your orators' inter-
est therein; and jjarties owning laud along the river in Indiana
would have no reason to coraj)lain ; cmd that an agreement was then
made by and between complainants and the Canal Commissioners;
that only the upper four feet of said dam should be removed, and
that the remainder should not be disturbed; and your orators were
to finish up and secure the balance of said dam, and were not to
further prosecute said legal proceedings; and in pursuance of said
agreement said dam was lowered four feet, and they boarded up and
secured the balance of said dam, in the faith of said agreemejit, and
made the necessary alteration in their machinery to accommodate
the altered level of the water, at an expense of two thousand dollai's.
That if said dam be removed they will suffer irreparable damage.
That the partial removal of said dam has restored the waters of
said river to its natural level at the State line of Indiana, and that
its complete removal would be of no further benefit to the owners
510
of land along the river, in that State, and that the owners along the
river in Illinois above said dam, have long since been paid all
damage arising therefrom. But your orators claim and insist that
their lease being still unexpired, and having been made by compe-
tent authority, their rights in the premises arc in no way dependent
upon these circumstances.
But that within a day or two one Thomas Smith and other persons
wdiose names are unknown to your orators, j^reteuding to be author-
ized and to be acting for said commissioners of the State of Illinois,
have come upon the ground at said dam with suitable implements
for tearing away and removing said dam, and threaten to tear down
and remove the same, against the protestation of your orators, and
thus they will destroy -^nd render valueless the interest of your
orators in said mill and property unless prevented by this Court, and
that unless an in] notion issue by this Court, restraining said work,
they will suffer irreparable damage and injury, etc., they therefore
pray that an injunction be granted. This petition is signed and
sworn to by Charles Pfieffer, July 17, 1872.
An injunction was ordered by Judge Fanuele, Cook Circuit
Court. To this bill a demurrer was filed, and a motion on the part
of the Canal Commissioner to quash the return made to the process.
First. Cause of demur is that there is no equity shown in the
bill.
Second. Tliat there is a defect of parties ; that Marchiezeka
Henneck Daniel O. Robinson, are proper and necessary parties.
Third. That Joseph Alty, Virgil Heckey and Robert Miller, are
necessary parties.
The process was served on Thomas Smith, agent of the company,
the commissioners and State officers. I am satisfied that the
demurer to this bill must be sustained, and that the motion to quash
the service of process will be sustained.
If the demurrer be sustained, complainants can then amend their
bill, and then the question as to whether they can show a case in
which the court should grant an injunction, will be presented. But
if the court should grant an injunction, I think the law is well set-
tled by the decision of the Supreme Court of the United States, in
the Wheeling bridge case, that the State of Indiana can file a bill in
the United States courts, and have the dam in question removed as
a nuisance. 13 Howard, page 518 to 628. This proceeding would
necessarily cause some delay, but if the court should, on the final
hearing of the cause, now pending, continue the injunction, and
511
make it perpetual, this v/ill be the only course left open by appeal
to the courts.
The Legislature of Illinois, may by legislative action, grant the
proper relief,
I take pleasure in saying that Hon. Freeman Church and Mr.
George C. Campbell, of the firm of Wieston, Campbell and Law-
rence, rendered me valuable assistance in making the investigation
herein before referred to.
I am with respect, yours, etc.,
J. C. DEXNY,
Attorney General.
Which,
On motion,
Was referred to the following joint committee on the part of the
House.
Messrs. Wood, Cauthorn and Crurnpacker
Mr. Hatch introduced
House Bill No. 255. An act supplemental to an act entitled, '^An
act for the relief of Indiana University and to increase and extend its
benefits by providing for the sale of the lands granted by the United
States for the use of said University, regulating the application of
the proceeds of the sale thereof, and prescribing the duties of the
officers therein mentioned in relation thereto," ap])roved March 2,
1859.
Which was read a first time and referred to the committee on
swamp lands.
On motion of Mr. Edwards, of Lawrence,
Senate Bill No. 134 was taken up and referred to the committee
on the organization of courts.
Mr. Woollen introduced
House Bill No. 256. An act to regulate the order of business in
the Circuit and Common Pleas Courts of this State, to authorize the
Judges of said Courts to make orders relating to the time of forming
issues of probate matters and the trial of criminal and civil actions,
and to repeal all laws in conflict herewith.
Which was read a first time and referred to the committee on the
judiciary.
512
The following message was received from the Senate by the Secre-
tary thereof:
Mr. Speaker:
I am directed by the Senate to inform the House that the Senate
has passed the following engrossed bill of the House, to-wit:
Engrossed House Bill No. 73. Entitled "A bill fixing the per
diem and mileage of members of the General Assembly, and provid-
ing that they shall provide their own stationery.
And the same is herewith returned to the House, with the follow-
ing amendment to the title, to wit:
Strike out the words ''a bilP' where it occurs, and insert in lieu
thereof " an act," and respectfully ask tlie concurrence of the House
therein.
On motion,
Engrossed Plouse Bill No. 73 was taken up and the amendment
proposed by the Senate thereto was concurred in.
The joint committee, on enrolled bills, submitted the following
report :
Mr. Speaker :
Your joint committee, on enrolled bills, respectfully report that on
the 16th day of December, 1872, they presented to the Governor,
for his signature, the following enrolled act, to wit :
Enrolled Senate Act No. 5. Entitled "An act to require railroad
companies to issue stock paid for by taxes voted in aid of the
construction of their road," etc.
Also, Enrolled Act No. 32, House of Representatives. Entitled
" An act to provide for the time of holding the Court of Common
Pleas in the Tenth Judicial District of the State of Indiana, and
repealing all laws in conflict therewith," and declaring an emergency.
Also, Enrolled Senate Act No. 68. Entitled an act to amend
the second section entitled " An act creating the Twenty-third
Common Pleas District, and provisions therefor, and repealing all
acts conflicting therewith," approved ]\Iarch 11, 1867, providing for
the return of process, and declaring an emergency.
513
Mr, Troutman offered the following resolution :
Whereas, It has heretofore been the custom to vote a copy of
the Revised Statutes of this State to the Principal Clerk, Assistant
Clerk and Doorkeeper of this House, and,
Wheeeas, There has been nothing of this kind done during this
session, therefore, be it
Resolved, That the State Librarian be, and is hereby authorized
to furnish to the Principal Clerk, Assistant Clerk and Doorkeeper,
each a set of the Revised Statutes of this State and a copy of
Cushing's Manual, for their use, as officers of this House.
Pending which,
On motion.
The House adjourned until to-morrow morning at 9 o'clock.
J.— 33.
514
TUESDAY MORNING.
December 17, 1872, 9 o'clock.
The House met pursuant to adjourumeut with the Speaker in the
chair.
On motion of Mr. Wood,
The further reading of the Journal of yesterday was dispensed
with.
The following message was received from the Senate by the Sec-
retary thereof :
Mr. Speaker:
I am directed by the President of the Senate to inform the House
of Representatives that he has signed the following enrolled bills,
to wit :
Enrolled Senate Act No. 51, entitled, ''An act to amend section 1
of an act, entitled, *an act to organize a Supreme Court, and pres-
cribing certain duties of the judges thereof.'"
Also, Enrolled Senate Act No. 52, entitled, "An act dividing the
State into five Supreme Court Judicial Circuits, providing for the
appointment of one judge of said court to fill vacancy, repealing all
laws in conflict therewith, and declaring an emergency."
Also, Enrolled Senate Act No. 5, entitled, ''An act to require
railroad companies to issue stock paid for by taxes voted for in
construction of railroads, to the tax payers or their assigns, and to
issue unclaimed stock for the benefit of the common school fund,
and declaring an emergency,"
Also, Enrolled Senate Act No. 68, entitled, "An act to amend the
second section of an act, entitled, 'an act creating the Twenty-third
Common Pleas Circuit, and making provision therefor, and repeal-
515
ing all conflicting laws," approved March 11, 1867, providing for
the return of process, and declaring an emergency.
Also, Enrolled Act of the House No. 32, entitled, "An act to
provide for the time of holding the Court of Common Pleas, in the
Sixteenth Judicial District of the State, and to re{)eal all laws in
conflict therewith," and declaring an emergency.
And said acts have been delivered to the joint committee on
enrolled bills, iu accordance with rule No. 4, of the joint rules of
both Houses.
Also, I am directed by the Senate to inform the House that tho
Senate has passed the following Senate bills, to wit:
Engrossed Senate Bill No. 146. " An act to fix the number of
Senators and Representatives to the General Assembly of the State
of Indiana, and to apportion the same among the several counties of
thia State, and declaring an emergency."
Also, Eugrc)8sed Senate Bill No. 40, entitled "An act to amend
section second of an act entitled ' An act concerning the organiaation
and perpetuity of voluntary associations,' and repealing an act enti-
tled ' An act concerning the organization of voluntary associations,''
and repealing former laws in reference thereto;" approved February
12, 1855 ; and repealing each act repealed by said act, and author-
izing gifts and devises by will to be made to any corporation or
or purpose contemplated by this act. approved February 20, 1867,.
and declaring an emergency to exist.
Also, Engrossed Senate Bill No. 54, entitled ** An act to divide
the State into Congressional Districts," and the same are herewith
transmitted to the House of Representatives.
Mr. Hollingsworth. chairman of the select committee to whom
was referred that portion of the Governor's measage, and also Senate
Bill No. 45, providing for the permanent enclosure of the Tippecanoo-
Battle Ground, submitted the following report :
Me. Speaker:
%
The select coramittee to whom was referred that {)art of the raes-
eage of His Excellency, Governor Baker, and also Senate Bill No,
45, "A bill providing for the permanent enclosure of the Tipiieca-
516
noe Battle Ground," would beg leave to report ihat we have care-
fully performed the duty, and recommend the passage of the bill.
Your committee also find that the ground on which the battle of
Tippecanoe was fought was originally purchased by General John
Tipton, ibr the purpose and design of its permanent preservation and
protection.
In the year 1831 a number of the then survivors of the battle of
Tipjxicauoe, with many other distinguished citizens of Indiana and
Kentucky, assembled on the battle field, and having collected the
scattering remains of those who fell in that conflict, deposited them
with appr(>priate funeral rites in a common grave, around which a
rude fence was made, enclosing only a few feet of ground where the
remains were de})osited. This enclosure has long since disappeared,
and nothing now remains to mark the spot where lie the bones of the
heroic dead who perished in that memorable battle.
In 1833 the General Assembly, by joint resolution, directed the
Governor to ascertain irom General Tipton the terms upon which
a title could be obtained for the State in the ground on which the
battle was fought ; and thereafter such action was had by the General
Assembly, on behalf of the State and General Tipton, that on the 7th
day of November, 1836, the battle ground was conveyed to the State
in fee simple.
In the correspondence between Governor Noble and General Tip-
ton respecting the conveyance, it was well understood and so
expressed in the joint resolution on the subject, that, the purpose
for which the title was vested in the State was the same as that
originally entertained by General Tipton, viz : Its preservation and
protection.
Since the title thus acquired by the State, the ground has been-
twice enclosed by tem])orary fencing, not a vestage of which now
remains. The framers of our present constitution were so impressed
with the obligation resting upon the State to protect, for all time
from rude disturbance, this sacred ground, that they, by consti-
tutional enactment, recognized the duty in that regard. Section
ten, article fifteen of the Constitution, reads as follows:
'' It shall be the duty of the General Assembly to provide for the
permanent enclosure of the Tippecanoe battle ground."
This constitutional requirement has never been complied with in
spirit or letter only to the extent, as before stated, in the erection of
tem])orary fences.
The Board of Commissioners of Tippecanoe county have recently
617
caused to be made a survey of that portion of the grounds which
needed to be enclosed.
Mr. E. M. Talbot, under wliose sujiervision the survey was made,
was also charged with the additional duties of making an estimate
of the probable cost of a suitable iron fence. The report made by
Mr. Talbot to the Board of Commissioners, containing a plat of the
survey and an estimate of the cost is herewith submitted and made
a part of tiiis report:
From an examination of the plat and report it will be seen that
the part to be enclosed will require thirty-three hundred (3300) feet
of fence at an estimated cost of twenty-four thousand and one hun-
dred dollars (§24,100.00.*)
Which report was concurred in, and the bill read a second time.
Mr. Woodard moved to suspend to constitutional rule and have
the bill read a third time and put upon its passage.
The question being, shall the constitutional rule l)e suspended"?
Those vj/io voted In the affirmative were, Messrs.
Billingsley,
Broaddus,
Cauthorn,
Clark,
Clay pool,
Cline,
Cobb,
Coffman,
Cole,
Crumpacker,
Durham,
Edwards, of I^aw
Ellsworth,
Eward,
Furnas,
GifFord,
Givan,
Glasgow,
Glazebrook,
Goble,
Gregory,
Gronendyke,
Hatch,
Hedrick,
Hollingsworth
Johnson,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Martin,
rence,McConnell,
McKinney,
Miller,
North,
Odle,
Peed,
Reeves,
Richardson,
Rudder,
Rumsey,
Schmuck,
Scott,
Shirley,
Spell man,
Stanley,
Strange,
Teeter,
Thompson, of Elkhart^
Thompson, of Spencer,
Troutman,
Tulley,
Walker,
Wesner,
Whitworth,
Wood,
Woodard,
Woollen,
Mr. Speaker — .59.
518
Those wfio voted in the negative were, Messrs.
Anderson,
Biitts,
Pfrimraer,
Barrett,
Dial,
Prentiss,
Baxter,
Heller,
Reno,
Blocber,
Isenhower,
Tingley,
Brett,
Jones,
Wilson, of Blackford,
Butter worth,
Offutt,
VVi!l8on,ofRipley~18
So the constitutional rule was suspended, the bill read a third
time and put upon its passage.
The question being, shall the bill pass?
llwHC who voted in the a^rniative were, Messrs.
Anderson,
Billingsley,
Branham,
Brett,
Broaddus,
Butter worth,
Butts,
Cauthorn,
Cole,
CJowgill,
Crura packer,
Durham,
'Eaton,
Ellsworth,
Eward,
Furnas,
Gilford,
Givan,
Glasgow,
Glazebrook,
Goble,
Goudie,
Gregory,
Hatch,
Hedrick,
Heller,
Henderson,
Hollingsworth,
Hoyer,
Isenhower,
Jones,
Kimball,
King,
Kirk pat rick,
Lenfesty,
Martin,
McConnell,
McKinney,
Miller,
North,
Odle,
Ogden,
Peed,
Pfrimmer,
Reeves,
Richardson,
Rudder,
Rumsey,
Schmuck,
Scott,
Shirley,
Shutt,
Spell man,
Stanley,
Strange,
Thompson, of Elkhart,
Thompson, of Spencer,
Tulley,
Walker,
Wesner,
Whitworth,
Willard,
Wood,
Woodard,
Woollen,
Wynn,
Mr. Speaker — 71.
Those who voted in the negative were, Messrs.
Barrett,
Baxter,
Blocher,
519
Crumpacker,
Reno,
Wilson of Blackford,
Offutt,
Teter,
Wilson of Ripley — 11
Prentiss,
Tingley,
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was 80 ordered.
The joint committee on enrolled bills submitted the following
report :
Mr. Speaker: i
The joint committee on enrolled bills beg leave respectfully to report
that Enrolled Act No. 37, of the House, entitled, " An act author-
izing an appropriation of money out of the State Treasury, for the
use of the Indiana University, located at Blooraiugton, Monroe
county, in paying debts created by borrowing money for current
expenses in the years 1870 and 1871."
Also, Enrolled Act No. 49 of the House, entitled "An act creating
the Twenty-second Judicial Circuit of Indiana, and fixing the time
of holding circuit courts therein," and declaring an emergency.
Also, Enrolled Act No. 70 of the House, entitled "An act to
make counties bordering on the State lines, or rivers forming State
boundaries, and townships and cities therein to aid in the construc-
tion of railroads opposite such counties in other States to run to such
counties or to the State line or river forming the State boundaries
bordering such counties, or to form connections with other railroads
in such counties, and prescribing the duties of the officers of such
counties for that purpose, and authorizing such cities to issue bonds
for such aid," and declaring an emergency.
And, also. Joint Resolution No. 5, entitled " A joint resolution
agreeing to and adopting an amendment proposed to the constitutioH
by the last General Assembly, by adding to the tenth article a section
in relation to the debt charged upon the Wabash and Erie Canal,"
have this day been presented to the Governor for his approval and
signature, December 14, 1872.
520
Mr. Broaddus, chairman of the committee on engrossed bills-
submitted the following report :
Mr. Speaker :
The committee on engrossed bills have compared Engrossed
Bills Nos. 113, 130, 148, 171, 171, 211, 178, 179, 188, 191, 210,
212, 218, 219, 223, and 229, with the original copies and find them
correctly engrossed.
Mr. \yolflin introduced
House Bill No. 257. An act to amend the third section of an act
entitled, " An act districting the State for Judicial Circuits," approved
June 17, 1852.
\Yhich was read a first time.
Mr. Cauthorn moved to suspend the constitutional rule, have the
bill read a second time by title, considered as engrossed, read a third
time by sections and put upon its passage.
The question being, shall the constitutional rule be suspended?
Those xoho voted in the aflrmative were, Messrs.
Baker,
Crumpacker,
Heller,
Baxter,
Dial,
Henderson,
Billingsley,
Durham,
Hoyer,
Blocher,
Edwards, of L
.awrence,Isenhower,
Bran ham,
Ellsworth,
Jolinson,
Brett,
Eward,
Jones,
Broaddus,
Furnas,
Kimball,
Butter worth,
Gifford,
King,
Butts,
Givan,
Kirkpatrick
Cauthorn,
Glasgow,
Len testy,
Clark,
Glazebrook,
Martin,
Claypool,
Goble,
McKinney,
Cline,
Goudie,
Miller,
Cobb,
Gronendyke,
North,
Coffman,
Hardesty,
Odle,
Cole,
Hatch,
Otfutt,
Cowgill,
Hedrick,
Ogden,
521
Pfrimmer,
Prentiss, ,
Reno,
Richardson,
Riggs,
Rumsey,
Schmuck,
Scott,
Shdtt,
Spellman,
Stanley,
Strange,
Teeter,
Thayer,
Tingley,
Wesner,
Whitworth,
WiUard,
Wilson, of Blackford,
Willson, of Ripley,
Wolfiin,
Thompson, of Elkhart, Wood,
Thompson, of Spencer,Woollen,
Troutman, Mr. Speaker — 78=
Those who voted in the negative were, Messrs,
Anderson,
Bowser,
McConnell,
Peed,
Rudder— 6.
So the constitutional rule was suspended, the bill read a second
time by its title, considered as engrossed, read a third time by
sections and })ut upon its passage.
The question being, shall the bill pass?
Those who voted in the affirmative were, Messrs.
Anderson,
Baker,
Barker^
Barrett,
Baxter,
Billingsley,
Blocher,
Bowser,
Branham,
Brett,
Broaddus, •
Butterworth,
Butts,
Cauthorn,
Clark,
Claypool,
Cline,
Cobb,
Coftman^
Cowgill,
Crumpacker,
Durham,
Eaton,
Edwards, of Law
Eward,
Furnas,
Gilford,
Glasgow,
Glazebrook,
Goble,
Goudie,
Gronendyke,
Hardesty,
Hatch. '
Hedrick,
Heller,
Henderson,
Hollingsworth,
Isenhower,
Johnson,
Jones,
Kimball,
rence,King,
Kirkpatrick,
Lenfesty,
Martin,
McConnell,
McKinney,
Miller
North,
Odle,
Offutt,
Ogden,
Pfrimmer,
Prentiss,
Reno,
Richardson,
522
Rudder,
Shutt,
Spellman,
Stanley,
Strange,
Teeter,
Thayer,
Dial,
Ellsworth,
' Tingley, Wilson, of Blackford,
Thompson, ol Elkhart, Willson, of Ripley,
Troutman, Wolflin,
Tulley, Wood,
Walker, Woodard,
Wesner, Woollen,
Whitworth, Mr. Speaker— 80.
Willard,
Those who voted in the negative were, Messrs.
Peed,
Sohmuck,
Thayer,
Thompson of Spencer-6
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered,
Mr. Wolflin introduced
House Bill No. 258. An act to amend the first section of an act
entitled "An act to create the Fifteenth Judicial Circuit," approved
February 22, 1859.
Which was read a first time.
Mr. Cauthorn moved that the constitutional rule be suspended,
the bill read a second time by its title, considered as engrossed, read
a third time by sections, and put U2)on its passage.
The question being, shall the constitutional rule be suspended?
Those who voted in the afirviative were, Messrs.
Baker,
Broaddus,
Cobb,
Barrett,
Butterworth,
Cofiman,
Baxter,
Butts,
Cole,
Blocher,
Cauthorn,
Cowgill,
Bowser,
Clark,
Crumpacker,
Branham,
Claypool,
Eward,
Brett,
Cline,
Furnas,
523
Givau,
McKinney,
Tingley,
Glasgow,
Miller,
Thompson,'ot Elkhart,
Glazebrook,
North,
Troutman,
Goble,
Odle,
Tulley,
Goudip.
Offutt,
Walker,
Gregory,
Richardson,
Wesner,
Gronendyke,
Riggs,
Whitworth,
Heller,
Rudder,
Willard,
Johnson,
Rumsey,
Wilson, of Blackford,
Jones,
Scott,
Willson, of Ripley,
Xiniball,
Shutt,
Wolflin,
King,
Spell man,
Wood,
Kirkpatrick,
Stanley,
Woollen,
Xienfesty,
Strange,
Wynn,
Martin,
Teter,
Mr. Speaker — 64.
Those who voted in the negative were, Messrs.
Anderson,
Ellsworth,
Hatch,
Hoyer,
Isenhower,
McConnell,
Peed,
Pfrimmer,
Reno,
Sell muck,
Thompson, of Spencer,
—11.
! So the constitutional rule was suspended, the bill read a second
time by its title, considered as engrossed, read a third time by sec-
tions, and put upon its passage.
The question being, shall the bill pass ?
[ Those who voted in. the afii'mative v)ere, Messrs.
Anderson,
Cauthorn,
Edwards, of Lawrence,
Baker,
Clark,
Eward,
Barrett,
Clay pool.
Furnas,
Baxter,
Cline,
GiiFord,
Billingsley,
Cobb,
Givan,
Blocher,
Coft'raan,
Glasgow,
Bowser,
Cole,
Glazebrook,
Brett,
Cowgill,
Goudie,
Broaddus,
Crumpacker,
Gregory,
Butterworth,
Durham,
Gronendyke,
Butts,
Eaton,
Hatch,
524
Hedrick,
Heller,
Holliugsworth,
Isenhower,
Johnson,
Jones,
Kimball,
King,
Kirkpati'ick,
Lenfesty,
Martin,
McConnell,
Mc'Kinney,
Miller,
Odle,
Offutt,
Ogden,
Pfrimmer,
Prentiss,
Rieliardson,
Riggs,
Rudder,
Rumsey,
Scott,
Shutt,
Sj)elin]an,
Stanley,
Strange,
Teter,
Thayer,
Tingley,
Thompson, of Elkhart^
Troutraan,
Walker,
Wesner,
Whit worth,
Wilson, of Blackford^
Willson, of Ripley,
Wolflin,
Wood,
Woodard,
Woollen,
Mr. Speaker — 76.
Those who voted in the 'negative vere, Messrs.
Dial,
Reno,
Thomj)son of Spencerj.
Ellsworth,
Schmuck,
Willard.— 7.
Reera,
So the bill passed.
The question being, shall the title as read stand as the title of
the bill.
It was so ordered.
Mr. Kimball, chairman of the committee on ways and means,
introduced
House Bill No. 259. An ao^ making specific appropriations for
the years one thousand eight hundred and seventy-one, and eighteen
hundred and seventy-two.
Which was read a first time, and,
On motion of Mr. Branham,
Was referred to the committee on wavs and means.
Mr. Kimball, chairman of the committee on ways and means,
submitted the following report :
525
Mr. Speaker:
The committee on ways and means to whom was referred House
Bill No. 122, providing for appraisement of real estate in all cities
of 30,000 or more inhabitants, and providing compensation, have
had the same under consideration and beg to report back to the
House with the recommendation that it pass.
Which report was concurred in.
The bill read a second time and ordered to be engrossed.
Mr. Kim'ball, chairman of the committee on ways and means,
submitted the following report :
Mr. Speaker:
The committee on ways and means, to whom was referred House
Bill No. 54, to amend an act to secure a just valuation and taxation
•of all railroad property within this State, etc., have had the same
under consideration, and I am instructed to report back to the
House with the recommendation that it lie upon the table.
Which report was concurred in and the bill laid upon the table.
Engrossed House Bill No. 113 was taken from the Speaker's
table, read a third time, and put upon its passage.
The question being, shall the bill pass ?
Those who voted in the affirmative were, Messrs.
Anderson,
Baker,
Barrett,
Baxter,
Billingsley,
Blocher,
Bowser,
Branham,
Broaddus,
Clark,
'Clay pool,
Cobb.
Coffman,
Cole,
Cowgill,
Crumpacker,
Eaton,
Ellsworth,
Eward,
Furnas,
Gifford,
Givan,
Glasgow,
Glazebrook,
Goudie,
Gronendyke,
Hardesty,
Hatch,
Hedrick,
Heller,
Henderson,
HoUingsworth,
Isenhower,
Johnson,
Jones,
Kimball,
526
King,
Reno,
Troutman,
Kirkpatrick,
Richardson
, Wesner,
Lenfeaty,
RIggs,
Whit worth,
Martin,
Rudder,
Willard,
McConnell,
Sell muck.
Wilson, of Blackford
McKinney,
Scott,
Willson, of Ripley,
Odle,
Spell man,
W^olflin,
OfFiitt,
Stanley,
Wood,
Ogden,
Tingley,
Woodard,
Peed,
Thompson,
of Elkhart, Woollen,
Heeves,
Thompson,
of Spencer,Mr. Speaker — 69,
No one voting in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
On motion of Mr. Givan,
House Bill No. 56 was taken from the table and placed upon th&
file.
Engrossed Plouse Bill No. 130 was taken up and read a third tim&
and put upon its passage.
The question being, shall the bill pass?
Those vjho voted in the affirmative %cere, 3fessi's,
Anderson,
Clark,
Ellsworth,
Baker,
Claypool,
El ward,
Baxter,
Cobb,
Furnas,
Billingsley,
Coffraan,
Givan,
Bloeher,
Cole,
Glasgow,
Bowser,
Cowgill,
Glazebrook,
Bran ham,
Crura packer.
Goble
Brett,
Dial
Goudie,
Broaddus,
Durham,
Gregory,
Butterworth,
Eaton,
Gronendyke^
527
Hardesty,
Hatch,
Hedrick, •
Heller,
Henderson,
Holliagsworth,
Hoyer,
Isenhower,
Johnson,
Jones,
King,
Kirkpatrick,
Lenfesty,
Martin,
McConnell,
McKinney,
Miller,
North,
Odie,
Offutt,
Ogden,
Peed,
Pfrimmer,
Prentiss,
Reeves,
Ileno,
Richardson,
Rudder,
Ramsey,
Satterwhite,
Schmuck,
Scott,
Shirley,
Shutt,
Smith,
Spell man.
Stanley,
Strange,
Teeter,
Thayer,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Tulley,
Walker,
Wesner,
Whitworth,
Willard,
Wilson, of Blackfordj
WilLson, of Ripley,
Wolfliu,
Wood,
Woodard,
Woollen,
Mr. Speaker— 87.
No one voting in the negative.
So the bill passed. •
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
Engrossed House Bill No. 148, was taken up, read a third time
and put upon its passage.
- The (piestion being shall the bill pass?
Those who voted in the affirmative^were, Messrs,
Anderson,
Baker,
Barrett,
Baxter,
Billingsley,
Bowser,
Bran ham,
Brett,
Broaddus,
Butterworth,
Butts,
Claypool,
Cauthorn,
Cline,
Cobb,
Coif man,
Cole,
Cowgill,
Crmnpacker,
Dial,
Durham,
528
Eaton,
Ellsworth,
Eward,
Furnas,
Gifford,
Givan,
Glasgow,
Glazebrook,
Goble,
Goudie,
Gregory,
Gronendyke,
Hardesty,
Hatch,
Hedrick,
Heller,
Henderson,
Hollingsworth,
Hoyer,
Isenhower,
Johnson,
Jones,
Kimball,
Kirkpatrick,
Lenfesty,
Martin,
ISIcConnell,
McKinney,
Miller,
North,
Odle,
Offntt,
Ogden,
J*frimmer,
Prentiss,
Reeves,
Reno,
Richardson,
Riggs,
Runisey,
Satterwhite,
Schmuck,
Scott,
Shirley,
Smith,
Spell man,
Stanley,
Strange,
Teter,
Thayer,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Tulley,
Wesner,
Whitworth,
Willard,
AVilson, of Blackford,
AVillson, of Ripley,
Wolflin,
AYoodard,
Woollen,
Wynn, '
Mr. Speaker— 87.
Those who voted in the negative were, Messrs.
Blocher, Clark, Wood— 3.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
Mr. Peed presented a claim in favor of Attorney General Hanna,
for extra services, office rent, traveling expenses, as Attorney
Genera], from November 4, 1870 to November 4, 1872, for the sum
of four thousand dollars.
Which was referred to the committee on claims.
Engrossed House Bill No. 227 was taken up, read a third time
and put upon its passage.
529
The question being, shall the bill pass 1
Those who voted in the afirmative icere, 3Iessrs,-
Anderson,
Baker,
Barrett,
Baxter,
Billiiigsley,
Bloelier,
Bran li am,
Brett,
Broad (his,
Bntterworth,
Butts,
Cauthorn,
Clark,
Clay pool,
Cline,
Cobb,
Coffman
Cowgill,
Crumpaeker,
Dial,
Durham,
Eaton,
Ellsworth,
Furnas,
Giflbrd,
Givan,
Glasgow,
Glazebrook,
Goble,
Goudie,
Gregory?
Gronendyke,
Hardesty,
Hatch,
Hedrick,
Heller,
Henderson,
Holliugbworth,
Hoyer,
Isenhower,
Jones,
King,
Kirkpatrick,
Lenf'esty,
Lent,
Martin,
McConnell,
MeKinney,
Miller,
North,
Odle,
Oflfutt,
Ogden,
Pfriramer,
Prentiss,
Reeves,
Richardson,
Riggs,
No one voting in the neerative.
So the bill passed.
Rudder,
Rumsey,
Satterwhite,
Schrauck,
Scott,
Shirley,
Shutty •
Smith',-
Spellmaii;'
Stanley,
Strange,
Teeter,
Thayer,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Tulley,
Walker,
Wesner,
Whitworth,
Wilson, of Blackford,
Willson, of Ripley,
Wo Win,
Wood,
Woodard,
Woollen,
Wynu,
Mr, Speaker — 87.
The question being, shall the title as read stand as the title of the
bill? . '
It was ?o ordered.
H. J.— 34
430
Engrossed House Bill Ko. 138 was taken up, read a third time
and put upon iti^ passage.
The question being shall the bill pass?
Tliose
who voted in the affirmative,
were, Messrs.
Barrett,
Glazebrook,
Richardson,
Billingsley,
Goble,
Riggs,
Bowser,
Goudie,
Scott,
Branham,
Gregory,
Shirley,
Brett,
Gronendyke,
Shutt,
Broaddus,
Hardesty,
Spellman,
Butts,
Hedrick,
Stanley,
•Clark,
Hollingsworth,
Strange,
Clay pool,
Isenhower,-
Tliompson, of Elkhart,
Cobb,
Johnson,
Thompson, of Spencer,
Coffman,
Jones,
Troutman,
Cowgill,
Kimball,
Tulley,
Crumpacker,
King,
Walker,
Dial,
Martin,
Wesner,
Durham,
MeConnell,
Wilson of Blackford,
Edwards, of Lawrence,McKinney,
Wilson, of Ripley,
Ellsworth,
North,
Wolflin,
Eward,
Odle,
Wood,
Furnas,
Offutt,
Woodard,
Gifford,
Pfriramer,
Wynn,
Givan,
Prentiss,
Mr. Speaker — 65.
Glasgow^ Reeves,
Tfiose who voted in the negative, were, Messrs.
Cauthorn,
Miller,
Reno,
Smith,
Teeter,
Tingley — 6.
So the bill paased.
The question being, shall the title as read stand as the title of the
bill?
It was 80 ordered.
Engrossed House Bill No. 223 was taken up, and
On moUon of Mr. Riggs, was laid on'the table.
531
Engrossed House Bill No. 198 was taken up, read a third time
and put upon its passage.
The question being, shall the bill pass?
Those who voted in the affirmative were, Messrs.
Anderson,
Barrett,
Baxter,
Biilingsley,
Blocher,
Bowser,
Branhaiu,
Brett,
Broaddus,
Butterworth,
•Cauthorn,
■Clark,
Claypool,
Cliue,
Cobb,
Coffman,
€ule,
Cowgill,
Crura packer,
Durham,
Eaton,
Ellsworth,
Eward,
Furnas,
Giflord,
Givan,
Glazebrook.
Goble,
Goiidie,
Gregory,
Hardesty,
Hatch,
Hedrick,
Heller,
Henderson,
Hollingsworth,
Hover,
Isenhower,
Jones,
Kimball,
King,
Kirkpatrick,
Lent,
Martin,
McConnell,
McKinney,
North,
Offutt,
Ogden,
Peed,
Pfiimmer,
Prentiss,
Reeves,
Reno,
Richardson,
Rudder,
Rnmsey,
Satterwhite,
Sc'hmuck,
Scott,
Shutt,
Smith,
Spellraan,
Stanley,
Strange,
Teeter,
Tingley,
Thompson, of Elkhart,
Thompson, of Spenoer,
Troutman,
Talloy,
Walker,
AVcsner,
Whitworth,
Wilson, of Blackford,
Willson, of Ripley,
Wolflin,
Woodard,
Wynn,
Mr. Speaker — 81.
TJiose who voted in the negative were, Messrs.
Lenfesty, Wood — 2.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It waa 80 ordered.
532
Engrossed House Bill No. 133, was taken up, read a third tirae^
and put upon its passage.
The question being, shall the bill pass?
Those who voted in the affirmative were, Messrs,
An<lerson,
Baker,
Barrett,
Baxter,
Billiugsley,
Blochrr,
Bowser,
Branhain,
Broaddus,
Cautliorn,
Clark,
Claypool,
Cliue,
Cobb,
CoiTaian,
CoAvgill,
Crunipiicker,
Durham,
K<lwar(!s, ot'L;
Ellsworth,
Eward,
Giftord,
Givan,
Glaaebrook,
Goble,
Gregory,
Gronendyke,
Hardesty,
Hatch,
Hedrick,
Heller,
Henderson,
Hollingsworth,
Hoyer,
Johnson,
Jones,
King,
Kirkpatrick,
Lenfesty,
Martin,
MeConnell,
McKinney,
North,
.iwrence,Odle,
Oifutt,
Prentiss,
Reeves,
Reno,
Richardson,
Riggs,
Rumsey,
Satterwhite,
Schniuck,
Scott,
Shutt,
Sjiellman,
Stanley,
Strange,
Teter,
Tiniiley,
Thompson, of Elkhart,
Thompson, of Spencer^
Troutuian,
Tuliey,
Walker,
Wesner,
W'hitworth,
Wils<in, of Blackford^
Wolflin,
Wood,
Woollen,
Woodard,
Wynn,
Mr. Speaker — 73.
Those who voted in the negative were, Messrs.
Butterworth,
Miller,
So the bill passed
Odgen,
Pfrimmer,
Willard,
Willson, of Ripley,— 6.
The question being, shall the title as read stand as the title of the
bill?
It vra8 so ordered.
533
Plouse Bill No. 174, was taken up, read a third time, and pu
fupon its passage.
The question being, shall the bill pass?
Those who voted in the afirmative loere, .\fessrs.
Anderson,
Baker,
Baxter,
Billingsley,
Bluolier,
Bowser,
Branliam,
Broaddus,
Clark,
Clay pool,
Cline,
Cobb,
Coffman,
■Cole,
Crum packer,
Eaton,
Furnas,
Gifford,
Goble,
(orregory,
Hedrick,
llollingsworth,
Hv)yer,
Johnson,
King,
Kirkpatrick,
Lenfesty,
Lent,
Martin,
McKinney,
North,
Odle,
Edwards, of Lawrence,Off;itt,
Eward.
Peed,
Reeves,
Reno,
Riggs,
Shutt,
Teeter,
Thayer,
Tingley,
Thompson, of Spencer,
TuUey,
Walker,
Whitworth,
Willard,
Wilson, of Blackford,
Willson, of Ripley,
Wolflin,
Wood,
Woodard,
Mr. Speaker — 54.
Those who voted in the negative were, Messrs.
Ellswortli,
Cfivan,
Glazebrook,
Goudie,
Hardesty,
Henderson,
Isenhower,
So the bill passed.
Jones,
McConnell,
Miller,
Ogden,
Pfrimuier,
Richardson,
Smith, ^
Spell man,
Stanley,
Strange,
Thompson, of Elkhart,
Wesner,
Wyun— 20.
The question being, shall the title as read stand as the title of the
fciU?
It was so ordered.
Engrossed House Bill No. 164 was taken^up, and,
On motion of Mr. Ogden,
Was laid on the table.
534
On motion,
Senate Bill No. 40 was taken up and read a first time.
An act to amend section second of an act entitled *' An act con-
cerning the organization and perpetuity of voluntary associations^
and repealing an act entitled ' An act concerning the organization ot
voluntary associations, and repealing former laws in reference
thereto,' approved February 12, 1855, and repealing each act
repealed by said act, and authorizing gifts or devises by will to be
madj to any corporation or purpose contemplated by this act,"
approved February 20, 1867, and declaring an emergency to exist.
Mr. Ogdeu moved to suspend the constitutional rule, have the
bill n;ad a second time by its title, read a third time by sections and
put upon its passage.
The question being, shall the constitutional rule be suspended?
Those
Anderson,
Baker,
Barrett,
Baxter,
Bowser,
Brett,
Broaddus,
Butterworth,
Cauthorn,
Clark,
CoiFman,
Cole,
Cowgill,
Dial,'
Durham,
Eaton,
Edwards, of Law
Eward,
Furnas,
Gilford,
Given,
Glasgow,
Glaze brook,
Goble,
who voted in the affirmative
Goudie,
Gronendyke,
Hatch,
Hedrick,
Heller,
Henderson,
Hollingsworth,
Hoyer,
Isenhower,
Johnson,
Jones,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Martin,
rence, M cConnel 1,
McKiuney,
Miller,
North,
Odle,
Otfutt,
Ogden,
P^d,
were, Messrs.
Pfrimmer,
Prentiss,
Richardson,
Rudder,
Satterwhite^
Scott,
Shirley,
Shutt,
Smith,
Spell man,
Stanley,
Strange,
Teter,
Tingley,
Thompson, of Elkhart,.
Thompson, of Spencer^.
Troutmau,
Tulley,
Walker,
Wesner,
Whit worth,
Willard,
Wilson, of Blackfordj,
535
Wilson, of Ripley, Wood,
Wolfliu, Wynn,
No one votino; in the negative.
Mr. Speaker — 74.
So the constitutional rule was suspended, the bill read a second
time by its title, read a third time by sections, and put upon its pas-
sage.
The question being, shall the bill pass?
Those who voted in the affirmative were, Messrs.
Anderson,
Glasgow,
Riggs,
Baker,
Glazebrook,
Rudder,
Barrett,
Goble,
Rurasey,
Baxter,
Goudie,
Satterwhite,
Billingsley,
Hardesty,
Scott,
Blocher,
Hedrick,
Shutt,
Bowser,
Heller,
Smith,
Branhara,
Henderson,
Spellman,
Broaddus,
Hollingsworthj
Stanley,
Butterworth,
Johnson,
Strange,
Butts,
Jones,
Teeter,
Cauthorn,
Kimball,
Tingley,
Clark,
King,
Thompson, of Elkhartj,
Claypool,
Lenfesty,
Thompson, of Spencer,
Cline,
Martin,
Walker,
Cobb,
McConnell,
Wesner,
CofFman,
McKinney,
Whitwortb,
Cole,
Miller,
Wilson, of Blackford,
Crura packer,
North,
Willson, of Ripley,
Eaton,
Odle,
Wolflin,
Edwards of L
awrence,OiFutt,
Wood,
Eward,
Ogden,
Woodard,
Eurnas,
Peed,
Woollen,
Gilford,
Pfrimmer,
Wynn,
Givau,
Prentiss,
Mr. Speaker — 75.
Those who voted in the negative were, Ilessrs.
Kirkpatrlck, Troutman — 2.
So the bill passed.
536
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
Engrossed House Bill No. 1 77 was taken up, read a third time
and put upon its passage
The question being, shall the bill pass?
Those who voted in the affirmative were, Messrs.
Anderson,
Glasgow,
Kaker,
Glazebrook,
Barrett,
Goudie,
Baxter,
Gronendyke,
Billingsley,
Hardesty,
Blocher,
Hatch,
Bowser,
Hedrick,
Branham,
Heller,
Broaddus,
Henderson,
Butterworth,
Hollingsworth;
Butts,
Isenhower,
Cau thorn,
Kimball,
Clark,
King,
CI ay pool,
Kirkpatrick,
Cline,
Len testy,
Cobb,
Martin,
Coltmau,
Mc Conn ell,
Cole,
McKinney,
Crum packer,
Miller,
Durham,
North,
Eaton,
Offutt,
Edwards, of Lawrence,OgdeD,
Ellswoi^th,
Prentiss,
Eward,
Keno,
Gifiord,
Riggs,
Givan,
Rudder,
No one voting in
the negative.
So the bill passed.
Rumsey,
Satterwhite,
Scott, ■
Shirley,
Shutt,
Smith,
Spellman,
Stanley,
Strange,
Teeter,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Tulley, ^
Walker,
Wesner,
Whitworth,
Wilson, of Blackford,
Willsou, of Ripley,
Wolflin,
Wood,
Woodard,
Woollen,
Wynn,
Mr. Speaker — 78.
537
The question being, f^hall the title as read stand as the title of the
bill ?
It was so ordered.
Engrossed House Bill No. 56, having heretofore failed to pass
for want of the eonstitutional|majority, was taken up and put upon
its passage.
The question being, shall the bill pass?
Those who voted hi the afirmative were, Mcsf<rs.
Anderson,
Glazebrook,
Peed,
Barrett,
Gronendyke,
Rt^eves,
Baker,
Hatch,
P^'ggs,
Billingsley,
Hednck,
Rumsey,
Butterworth,
Isenlwwcr,
Satterwhite,
Butts,
Johnson,
Schmuok,
Clark,
Kimball,
Strange,
Cobb,
King,
Thayer,
Cole,
Kirkpatrick,
Thompson, of Spencer,
Eaton,
Lenfesty,
Walker,
Edwards, of Lawreuee,Martin,
Wood,
Furnas,
Miller,
Woodard,
Gifford,
North,
Woollen,
-Givan,
Ogden,
Mr. Speaker— 42.
Those who voted in the negative loere, Messrs,
Baker,
Blocher,
Branham,
Brett,
Broad dus,
Cauthorn,
CI ay pool,
Cline,
Cofiman,
Crum packer,
Dial,
Durham,
Ellsworth,
Eward,
Glasgow,
Goudie,
Gregory,
Hardesty,
Heller,
Henderson,
Hoi J in gs worth,
Hoyer,
Jones,
McConnell,
McKinney,
Odle.
Offiitt,
Plrimmer,
Prentiss,
Reno,
Richardson,
Rudder,
Scott,
Shatt,
Smith,
Spellman,
Stanley,
Teter,
Tingley,
538
Thompson, of Elkhart, Wesner,
Troiitman, Wliitworth,
Tulley, Willard,
On motion of Mr. Branham,
Wilson, of Blackfordj
Wolflin,
Wynn — 48.
The votes on the passage of House Bill No. 56, just taken, was
re-considered, and the bill re-committed to the committee on educa-
tion with instruction to insert fifteen thousand dollars in lieu of
twenty thousand dollars, where the same occurs in the bill.
On motion of Mr. Wolflin,
The House adjourned until 2 o'clock p. M.
AFTERNOON SESSION, 2 o'CLOCK.
The House met pursuant to adjournment, with the Speaker in the
chair.
Engrossed House Bill No. 171 was taken up, read a third time
and put upon its passage.
The question being, shall the bill pass ?
Those who voted in the affirmative were, Messrs,
Baker,
Clark,
Ellsworth,
Barrett,
Claypool,
Eward,
Baxter,
Cline,
Furnas,
Billinsgley,
Cobb,
Gilford,
Blocher,
Coffman,
Givan,
Bowser,
Cole,
Glazebrook,
Branham,
Crura packer.
Goble,
Brett,
Dial,
Goudie,
Butterworth, '
Durham,
Gi'egory,
Butts,
Eaton,
Gronendyke
Caiithorn,
Edwards, of Law
'ence.Hatch,
539
Hedrick,
oaie,
Spellman,
Heller,
OfFutt,
Stanley,
Hoi lings worth,
Ogden,
Strange,
Hoyer,
Peed,
Teeter,
Isenhower,
Pfrimmer,
Thompson, of Elkhart;
Johnson,
Reno,
Thompson, of Spencer j
Kimbiill,
Richardson,
Walker,
Kino-,
Riggs,
Wesner,
Kirkpatrick,
Ruaisey,
Whitworth,
Lenfosty,
Sutterwhite,
Wilson, of Blackford,
Lent,
Schmuck,
Woodard,
Martin,
Scott,
Woollen,
McKinney,
Shirley,
Wynn,
Millor,
Shutt,
Mr. Speaker— 7 8»
North,
Smith,
Those who voted in the negative toere, Messrs,
Broaddus,
Glasgow,
Hardesty,
So the bill passed.
McConnell,
Prentiss,
Rudder.
Teeter,
Tulley,
Wood— 9
The question l>eing, shall the bill as read stand as the title of the
bill?
It was so ordered.
Mr. Miller from the committee on the judiciary, submitted the
following report,
Mr. Speaker:
Your committee on the judiciary to whom was referred House Bill
No. 241, entitled "An act to give security to persons who contract
with railroad corporations to perform work and labor in the con-
struction of railroads, and declaring an emergency," in compliance
with the order of the House this day made, hereby report tlie same
back to the House without recommendation.
Which report was concurred in. ^
And the bill read a second time.
S40
Mr. Claypool moved that the constitutional rule be suspended, the
bill be considered as engrossed, read a third time and put upon its
passage.
The question being, shall the constitutional rule be suspended?
Those who voted in the affirmative, were, Messrs.
Anderson,
Baker,
Barrett,
Baxter,
Billingsley,
Blo( her.
Bowser,
Branham,
Brett,
Broaddus,
Butterwovth,
Butts,
Cauthorn,
Clark,
Claypool,
Cline,
Cobb,
Coffman,
Cole,
Crum packer.
Dial,
Durham,
Eaton,
Goble,
Goudie,
Gregory,
Gronendyke,
Hedrick,
Hiller,
Henderson,
HoUingsworth,
Hoyer,
Isenhower,
Johnson,
Jones,
Lenfesty,
Martin,
McConnell,
McKiuuey,
Miller,
North,
Odle,
OtFutt,
Ogden,
Peed,
Pfrimmer,
Edwards, of Lawrence, Prentiss,
Ellsworth, Reno,
Eward, Richardson,
Furnas, I^iggs?
Gilford, Rudder,
Glazebrook, Ruinsey,
Satter white,
Schmuck,
Scott,
Shirley,
Shutt,
Smith,
Spellman,
Stanley,
Strange,
Teeter,
Thayer,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Tulley,
Walb.r,
Wesner,
Whit worth,
AVillard,
Wilson, of Blackford,
Willson, of Ripley,
Wolflin,
Wood,
Woodard,
Woollen,
Wyun,
Mr. Speaker— 82.
King,
Those v^ho voted in the negative were, Messrs.
Kirkpatriek, Lent — 3.
So the constitutional rale was suspended, the bill considered as
engrossed, read a third time and put upon its passage.
541
The question being, shall the bill pas«?
Those tcho voted in the. affirmative xvcre, Messrs^
Anderson,
Baker,
Barrett,
Baxter.
Billingsley,
Blochijr,
Bowser,
Bran ham,
Brett,
Broaddus,
Butterworth,
Canthorn,
Clark,
Claypool,
Cline,
Cobb,
Cofiman,
Cole,
Crumpacker,
Dial,
Durham,
Eaton,
Edwards, of I
Ellsworth,
Em ard ,
Frrnas,
Gilford,
Givan,
Glasgow,
Glazebrook,
Goble,
Gondie,
Gregory,
Gronendyke,
Hatch,
Hedrick,
Heller,
Henderson,
Hollingsworth,
Hover,
IsenhoM'er,
Johnson,
Jones,
King,
Kirk pat rick,
Lenfesty,
Lent,
Martin,
MeConnell.
McKinney,
North,
Odle,
.awrence.Offutt, »
Ogden,
Peed,
Pfrimmer,
Prentiss,
Reeves,
Reno,
Richardson,.
Rudder,
Rurosey,
Satterwhite,
Sehmuck,
Seott,
Shirley,
Shaith,
Shurt,
Spellman,
Stanley,
Strange, -
Te'jter,
Tingley,
Thompson, of Elkhart^
Thompson, of Spencer,
Tulley,
V/alker,
Wesuer,
Whitworth,
Willard,
Wilson, of Blackford^
Wolflin,
Wood,
Woodard,
Woollen,
Wynn,
Mr. Speaker— 88.
No one voting in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of
the bill ?
It was so ordered.
542
The committee on engrossed bills, submitted the following report:
Me. Speaker:
The committee on engrossed bills have examined Engrossed Bills
Nos. 60 and 185, with the original copies and find them in all
respects properly engrossed.
The joint committee on enrolled acts, submitted the following
report :
Mr. Speaker:
Your joint committee on enrolled bills, would report that they
have examined the enrolled copy of Senate Act No. 45, entitled
■^'An act to provide for the permanent enclosure of the Ti[ipec^noe
Battle Ground," and declaring an emergency, with the engrossed
copy thereof, and had that the same is correctly enrolled.
Mr. Cauthorn introduced
House Bill No. 260. An act to fix the number of Senators and
Representatives to the General Assembly of the State of Indiana,
and to apportion the same among the several counties of the State.
Which was read a first time, and,
On motion of Mr. Cauthorn,
The bill was laid on the table.
On motion of Mr. Cauthorn,
Senate Bill No. 146, was taken up. An act to fix the number of
Senators and Representatives to the General Assembly of the State
of Indiana, and to apportion the same among the several counties
of the State, and declaring an emergency.
Which bill was read a first time.
Mr. Branham moved
To lay Senate Bill No. 146, and House Bill No. 260, on the
table, and that two hundred copies of each be printed for the use of
the members of the House.
' 643
Whereupon Messrs. Walker atid Wolflin demanded the ayes and
noes.
Those who voted in the affirmative were Messrs.
Anderson,
Glazebrook,
Rudder,
Baker,
Goble,
Rumsey,
Barrett,
Goudie,
Schmuck,
Baxter,
Gregory,
Shirley,
Blocher,
Heller,
Shutt,
Bowser,
Henderson,
Smith,
Branham,
Ployer,
Spell man,
Brett,
Isenhower,
Stanley,
Butts,
Jones,
Strange,
Can thorn.
Lent,
Teeter,
Claypool,
Martip,
Tingley,
Cline,
McConnell,
Thompson, of Spencer,
Coifman,
McKinney,
Trout man.
Dial,
Ofl'utt,
TuUey,
Durham,
Peed,
Wesner,
Eaton,
Pfrinimer,
Whitworth,
Ellsworth,
Reeves,
Willard,
"Givan,
Reno,
Woollen — 55.
Glasgow,
Richardson,
Those who
voled in the negative
were. Messes.
Baxter,
Hedrick,
Riggs,
Billingsley,
Hollingsworth,
Satterwhite,
B road d us,
Johnson,
Scott,
Butterworth,
Kimball,
Thayer,
Clark,
King,
Thompson, of Elkhart,
Cobb,
Kirk pa trick,
AValker,
Cole,
Lenf'esty,
Wilson, of Blackford,
Edwards, of Lawrence,Mtllett,
Willson, of Ripley,
Eward,
Miller,
Wolflin,
Furnas,
North
Wood,
Gifford,
Odle,
Woodard,
Grouendyke,
Ogden,
Wynn,
Hardest y,
Prentiss,
Mr. Speaker — 40.
Hatch,
So the motion to
lay upon the table,
and print two hundred
copies of said bills, p
revailed.
544
The following message was received from the Senate, by the
Secretary thereof:
Me. Speaker: *
I am directed by the Senate to herewith transmit to the House of""
Representatives, for the signature of the Speaker thereof, the follow-
ing enrolled acts, lo wit :
Enrolled Act No. 45, entitled, ''An act to provide for the perma-
nent enclosure of the Tippecanoe Battle Ground."
Also, 1 am directed by the Senate to inform the House, that the
Senate has passed the following bill of the House to- wit:
Engrossed House Bill No. 257, entitled, "A bill t@ amend the
third section of an act, entitled, 'an act districting the State for
Judicial Circuits," approved June 17, 1852, and the same is herewith
transmitted to the House.
Mr. Offutt was granted an indefinite leave of absence.
Mr. Woodard offered the following resolution:
Whereas, The committee on employes were fearfully annoye(i
during its existence ; and,
Whereas, The annoyance has not yet ceased ; and,
Whereas, There was a resolution passed by this House, allowing-
the Doorkeeper to employ James F. Dillie; and,
Whereas, The said Jaines F. Dilley was so employed by said
Doorkeeper, since the commencement of the session ; therefore,
Be it resolved, That the proper warrant shall be drawn in favor of
said James F. Dilley, in order that he may receive suitable compen-
sation for services rendered.
Which was adopted.
The Speaker announced that he had signed Enrolled Senate Act
No. 45.
Mr. Glazebrook, from the committee on education, submitted the
following report: ■
545
Mr. Speaker:
The committee on education, to whom House Bill No. 66 was
recommitted, with instructions to amend the same according to such
instructions, report the bill back, and recommend its passage with
the following amendment, viz :
After the words "State treasury," in the fourth line in section 1,
erace "twenty" and insert "fifteen."
Which report was concurred in, and the amendment adopted, the
bill read a third time, and put upon its passage. _ ^
The question being, shall the bill pass ?
Ihose who voted in the afflrmative were, Messrs.
Anderson,
Gregory,
Reeves,
Barrett,
Gronendyke,
Eiggs,
Baker,
Hardesty,
Rudder,
Billingsley,
Hatch,
Rumsey,
Bowser,
Hedrick,
Satterwhite,.
Branham,
Henderson,
Schmuck,
Brett,
Hollingsworth,
Shirley,
Butterworth,
Johnson,
Spellman,.
Butts,
Jones,
Strange,
'^ ^
Clark,
Kimball,
Thayer,
Cline,
King,
Thompson, of Elkhart,.
Cobb,
Kirkpatrick,
Thompson, of
Spencer,,
Cole,
Lenfesty,
Troutman,
...
Cowgill,
Martin,
Walker,
Eaton,
Mellett,
Whitworth,
Edwards, of Lawrence, North,
Wood,
Furnas,
Odle,
Woodardy
Gilford,
Offutt,
Woollen,
Givan,
Ogden,
Mr. Speaker — 59.
Glazebrook,
Peed,
Those who voted in the negative
weTe, Messrs,
. -'i
Baxter,
Claypool,
Dunham,,
Biocher,
CofFman,
Ellsworth,.
Broddus,
Crumpacker^
Eward,.
Cauthorn,
Dial, .
Glasgow,
* H. J.— 35
546
Goble, ' Pfrimmer, Tetefy
Goodie, Prentiss, Tingley^
Heller, Reno, Wesner,
Hover, Richardson, Willard,
Lent, Scott, Wilson, of Blackfordj,
McConnell, Shutt, Willson, af Ripley,
MeKinney, Smith, Wolfiiu,
Miller, Stanley, Wynn— 36,
Sothe bill passed. .' '
The question being, shall the title as read stand as the title of tbe
bill ?
It was so ordered.
Mr. Edwards, of Lawrence, from the committee on the organiza-
tion of courts, submitted the following majority report :
Mr. Speaker :
Your committee on the organization of courts, to wliom was
referred Senate Bill No. 134, an act entitled "An act to create the
Tweuty-sixth Judicial District of the Court of Common Pleas,
.defining Avhat counties shall compose the same, fixing the time of
iholding courts therein and the duration of terms thereof, making all
process from the present Common Pleas Courts therein returnable to
.such terms, providing for the appointment of a Judge, and District
Attorney for said district, declaring when the same shall take eliect,
jLnd repealing all laws inconsistent therewith and declaring^au emer-
ig^cy, have had the same under consideration, and the majority
aA yonr committee beg leave to report the same back to the House,
'With the recommendation that it pass.
Mr. Shirley, from the committee on the organization of courts,
^submitted the following minority report :
Mr. Speaker :
The committee on the organization of courts have had under con-
:«ideration Senate Bill No. 134, "An act creating the Twenty-sixth
JTudicial District of the Common Pleas Court, fixing the time of
holding courts therein etc. The undersigned members of said
jcom,mittee submit the following minority report :
547
The said Judges of Common Pleas Court, who now hold court*
in said counties, Judge Emei'son has twenty-two idle weeks and
Judge Coffee nineteen weeks. The law creating said districts, as
they now are, can be so amended as to give to each county, under
Senate Bill No. 134, all the time they ask under said Senate Bill No.
134, and then leave the present Judge therein idle from two to three
moiitiis.
Tlie undersigned therefore recommend that Senate Bill No. 134 be
indefinitely postponed.
W. S. SHIRLEY,
H. R. CLAYPOOL,
CHAS. G. OFFUTT.
;Mr. Satterwhite moved the previous question.
Which motion prevailed. i
The question being, shall the minority report be adopted as a
substitute to the majority report?
It was so ordered.
The question being, shall the report as adopted be concurred in?
Whereupon, Messrs. Wilson, of Ripley, and Wolfiin, demanded
the ;iyes and noes.
Those who voted in the affirmative tcere, 3fessrs.
Anderson, Glazebrook, Reno,
Baker, Goble. Richardson,
Barrett, Gregory, Rudder,
Blocher, Heller, Schmuck,
Bowser, Henderson, Shirley,
Brett, Hoyer, Shutt,
Butrerworth, Isenhower, Smith,
Clay pool, Jones, Spell man,
CI i lie, Martin, Stanley,
Cotl'tuan, McConnell, Strange,
Dial, McKinney, Teter,
Dunham, Miller, Tulley,
Eaton, North, Wesner,
Ellsworth, Offutt, Whitworth,
Eward, Ogden, Willard,
Furnas, Pfrimmer, Woollen — 49.
Givau,
548
Those who voted in the negative wtre, Messrs.
Baxter,
Billingsley^
Branham,
Broaddus,
Butts,
Clark,
Cobb,
Cowgill,
Crum packer,
HolHngsworth,
Johnson,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lent,
Mellett,
Odle,
Edwards, of Lawrence,Peed,
Gifford, Prentiss,
Glasgow, Reeves,
Goudie, Rigg'^j
Hardesty, Rumsey,
Hatch, Satterwhite,
Scott,
Thayer,
Tingley,
Thompson, of Elkhart/
Thompson, of Spencer,!
Troutman,
Walker,
Wilson, of Blackford, ,
Wilson, of Ripley,
Wolflin,
Wood,
Woodard,
Wynn
Mr. Speaker— 44.
So the report as adopted was qpncurred in, and the bill indefinitely
postponed.
House Bill No. 136 was taken up, read a third time, and put upon
its passage.
The question being, shall the bill pass ? '
Those who voted in the affirmative were, Messrs.
Anderson,
Cline,
Goble,
Baker,
Cobb,
Goudie,
Barrett,
Coflfman,
Gregory,
Baxter,
Cowgill,
Gronendyke,
Billiugdey,
Crumpacker,
Hardesty,
Blocher,
. Dial,
Hatch,
Bowser,
Durham, ■
Hedrick,
Branham,
Eaton,
Heller,
Brett,
Ellsworth,
Henderson,
Broad d us.
Eward,
Hollingsworth,
Butterworth,
Fur. as
Hoyer,
Butts,
Gifford,
Isenhower,
Cauthorn,
Givan, '
Jones,
Clark,
Glasgow,
Kimball,
Claypool,
Glazebrook,
King,
549
Kirkpatrick, :
Richardson
, Thompson, of Spencerj
Lenfesty,
Riggs,
Troutman,
Lent,
Rudder,
Tulley,
Martiu,
Ramsey,
Walker,
McConnell,
Schmuck,
Wesuer,
Mellett,
Scott,
Whitworth,
Miller,
Shirley,
Willard,
North,
Shutt,
Wils<m, of Blackford,
Odle,
Smith,
Willson, of Ripley,
Offatt,
Spellman,
Wolflin,
Ogden,
Stanley,
Wood,
Peed,
Strange,
Woodard,
Pfrimmer,
Teeter,
Woollen,
Prentiss,
Thayer,
Wynn
Reeves,
Thompson,
of Elkhart,Mr, Speaker— 93.
Reno,
No one voting in
the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
The following message was received from the Senate, by the Sec-
retary thereof:
Mr. Speaker:
I am directed by the President of the Senate to inform the House
that he has signed Enrolled Act of the Senate No. 4S, entitled "An
act to provide for the permanent enclosure of the Tippecanoe Battle
Ground," and declaring an emergency, and the same has been deliv-
ered to the committee on enrolled bills in compliance with rule 4, of.
the joint rules.
Also, I am directed to herewith transmit to the House of Repre-
sentatives, for the signature of the Speaker thereof, Enrolled Senate
Act No. 118. An act to repeal all laws now in force, establishing
the time of holding Circuit Courts in the Second Judicial Circuit,
o fix the time for holding said courts, reuqiring all process to take
550
thereof, providing for the return of process and declaring when this
act shall take effect.
The Speaker announced that he had signed Enrolled Senate
Act No. 118.
Also Enrolled House Act No. 73. ., ;
The joint committee on engrossed bills, submitted the following
report.
Me. Speaker: ^
Your joint committee on engrossed acts, would respectfully report
that they have carefully compared Enrolled Act No. 18, "An act
fixing the time of holding the court in the Second Judicial District, '
etc.," and find tlie same is correctly enrolled.
The joint committee on enrolled bills, submitted the following
jreport.
Me. Speakee : ,
Your joint committee on enrolled acts, have examined Enrolled
Act 73 House of Kepresentatives, entitled " An act fixing the per
diem and mileage of members of the General Assembly, and pro-
viding that they shall provide their own stationary," and find that
the same is correctly enrolled.
The joint committee on enrolled bills, submited the following'
report.
Me. Speaker: . =•
The committee on enrolled bills respectfully report that they have'
this day presented to the Governor, for his signature, Enrolled Act
ef the Senate No. 45, entitled "An act to provide for the permanent
enclosure of the Tippecanoe Battle Ground, etc., etc.," for his signa-
ture, and approved the 17th day of December, 1872.
The joint committee on enrolled bills submitted the following
report.
551
Mr. Speaker ;
Your joint committee on enrolled bills, have carefully compared
House Bill No. 257, an act entitled "An act to amend the third
section of an act entitled 'An act districting the State for judic^ial
purposes, etc., etc.,'^' with the engrossed copy thereof, and fiiul the
same corectly enrolled.
The Speaker anuuounced that he had signed Enrolled Act No.
267.
The following message was received from the Senate by the Sec-
retary thereof.
Mr. Speaker:
I am directed by the President of the Senate to inform the House
that he has signed Enrolled Act of the House No. 73, entitled "An
act iixing the per diem and mileage of the members of the General
Assembly, and providing that they shall provide their own station-
ary," and the same has been delivered to the joint committee on
enrolled bills.
Also, I am directed by the President of the Senate to inform the
House that he has signed Enrolled Act of the House No. 254, entitled
''An act to amend the third section of an act districting the State
for Judicial Circuits," approved June 17^ 1852, and the same has
been delivered to the joint committee on enrolled bills, in compliance
with rule No. 4 of the joint rules.
Mr. Troutman moved to reconsider the vote laying Senate Bill
No. ] 46 and House Bill No. 260, on the table, and printing 200
copies for the use of the members of the House.
Mr. Offutt moved to lay the motion to reconsider on the table.
Whereupon Messrs. Walker and Gifford demanded the ayes and
noes.
Those who voted in the affirmativt were Messrs.
Anderson, Blocher, Brett,
Baker, Bowser, Cauthorn,
Barrett, Branham^ Claypool,
552
Cline,
Heller,
Rudder,
Coffraan, ,
Henderson,
Schmucky '■
Dial,
Hoyer,
Shirley,
Durham,^
Isenhower.
Shutt, ':
Eaton, "-^ ■
Jones,
Smith,
Ellsworth,
Martin,
Spellman,
Furnas,
McConnell,
Stanley,
Givan,
McKinney,
Strange,
Glasgow,
Offutt,
Teter,
Glazebrook,
Peed,
Tulley,
Goble,
Pfrimmer,
Whitworth,
Goudie,
Reno,
Willard,
Gregory,
Richardson,
Woollen— 48,
Those who voted in the negative were, Messrs.
Baxter,
Billingsley,
Broaddus,
Butterworth,
Butts,
Clark,
Cobb,
Cole,
Cowglll,
Crumpacker,
Heurick,
Hollingsworth,
Johnson,
Kimball,
King,
Kirkpatriok,
Lenfesty,
Leijt,
Miller,
North,
Edwards, of Lawrence,Odle,
Eward, Ogden,
Gifford, Prentiss,
Gronendyke, Reeves,
Hardesty, Riggs,
Hatch, Rumsey,
Satterwhite,
Scott,
Thayer,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Walker,
Wesner, ■ ''--<\
Wilson, of Blackford,
Wilson, of Ripley,
Wolfliu;
Wood,'
Woodard, > -
Wynn,
Mr. Speaker— 48.
So the motion to lay the motion to reconsider on the table, did
not prevail.
Mr. Cauthorn moved to adjourn.
Whereupon ten members demanded the ayes and noes. i.
- -1
The question being, shall the House now adjourn ?
553
Tliose who voted in the affirmative were, Messrs.
Anderson,
Givan,
Reno,
Baker,
Glazebrook,
Richardson,
Barrett,
Goble,
Rudder,
Blocher,
Gregory,
Schrauck,
Bowser,
Heller,
Shirley,
Branliam,
Henderson,
Shutt,
Brett,
Hoyer,
Smith,
Cauthorn,
Isenhower,
Spellman,
Clay pool.
Jones,
Stanley,
Cline,
Martin,
Strange,
CoiTman,
McConnell,
Teeter,
Dial,
McKinney
Tulley,
Durham,
Offutt,
Whitworth,
Eaton,
Peed,
\yillarci,
Ellsworth,
Pfrimraer,
Woollen. 45,
Those who voted in the negative were, 3Iessrs.
Baxter,
Hatch,
Rumsey,
Billingsley,
Hedrick,
Satterwhite,
Broaddus,
Hollingsworth,
Scott,
Butterworth,
Johnson,
Thayer,
Butts,
Kimball,
Tingley,
Clark,
King,
Thompson, of Elkhart,
Cobb,
Kirkpatrick,
Thompson, of Spencer,
Cole,
Lenfesty,
Troutman,
Cowgill,
Lent,
Walker,
Crumpacker,
Mellett,
Wesner,
Edwards, of Lawrence, Mi Her,
Wilson, of Blackford,
Eward,
North,
Wilson, of Ripley, ,
Furnas,
Odle,
Wolflin,
Gifford,
Ogden,
Wood, ■ ,
Glasgow,
Prentiss,
Woodard,
Goudie,
Reeves,
Wynn,
Gronendyke,
Riggs,
Mr. Speaker.— 52.
Hardesty,
So the motion to adjourn did not prevail.
' 554
Mr. Willson, of Ripley, moved the previous question.
Which motion prevailed.
■. The question being, shall the vote laying Senate Bill No. 146 and
House Bill No. 260 on the table, and printing two hundred copies
for the use of the members of the House, be reconsidered ?
Those who voted in the afirmative were, Messrs.
Baxter,
Hedrick,
Satterwhite,
—
Billingsley,
Hollingsworth,
Scott,
Broaddus,
Johnson,
Thayer,
Butterworth,
Kimball,
Tingley,
Butts,
King,
Thompson, <
of Elkhart,
Clark,
Kirkpatrick,
Thompson,
of Spencer,
Cobb,
Lenfesty,
Troutman,
Cole,
Lent,
Walker,
Cowgill,
Mellett,
Wesner,
Crum packer,
Miller,
Wilson, of Blackford,
Edwards, of Lawrence,North,
Willson, of
Ripley,
Eward,
Odle,
Wolflin,
Furnas,
Ogden,
Wood,
Gifford
Prentiss,
Woodard,
Glazebrook,
Reeves,
Wynn,
Hardesty,
Riggs,
Mr. Speaker— 50.
Hatch,
Rumsey,
Those
who voted in the negative
were, llessrs.
Anderson,
Durham,
Isenhower,
Baker,
Eaton,
Jones,
Barrett,
Ellsworth,
Martin,
Blocher,
Givan,
McConnell,
Bowser,
Glasgow,
McKiuney,
Braxdiam,
Glazebrook,
OflPutt,
Brett,
Goble,
Peed,
Cau thorn,
Goudie,
Pfrimmer,
Claypool,
Gregory,
Reno,
Cline,
Heller,
Richardson,
Coffmau,
Henderson,
Rudder,
Dial,
Hoyer,
Schmuck,
. .
555
Shirley,
Stanley,
Whitworth,
Shutt,
Strange,
Willard,
Smith,
Teeter,
Woollen— 47,
Spellman,
Tulley,
i
So the motion prevailed, and the vote laying Senate Bill No. 146
and House Bill No 260 on the table and printing two hundred copiea
for the use of the House, was re-considered.
Mr. Lenfesty moved the previous question.
Which motion prevailed.
The question being, shall Senate Bill No. 146 and House Bill No.
260, lie on the table and two hundred copies be printed for tbe use
of the members of the House?
Whereupon Messrs. Walker and Anderson demanded the ayes and
noes.
Those wJio voted in the affirmative were, Jlessrs.
Anderson,
Glasgow,
Reno,
Baker,
Glazebrook,
Richardson,
Barrett,
Goble,
Rudder,
Blocher,
Goudie,
Schmuck,
Bowser,
Gregory,
Siiirley,
Bran ham,
Heller,
Shutt,
Brett,
Henderson,
Smith,
Cauthorn,
Hoyer,
Spellman,
Claypool,
Isenhower,
Stanley,
Cline,
Jones,
Strange,
Coffman,
Martin,
Teter,
Dial,
McConnell,
Tulley,
Durham,
McKinney,
Whitworth,
Eaton,
Offutt,
Willard,
Ellsworth,
Peed,
Woollen— 47,
Givau,
Pfrimmer,
Those who voted m the negative were, 3Iessrs.
Baxter,
Billingsley,
Broaddus,
Butterworth,
Butts,
Clark,
556
Cobb, King,
Cole, Kirkpatrick,
Cowgill, Lenfesty,
Crumpacker, Lent,
Edwards, of Lawrence, Mellett,
Eward,
Miller,
Furnas,
North,
Gifiord,
Odle,
Gronendyke,
Ogden,
Hardesty,
Prentiss,
Hatch,
Reeves,
Hedrick,
Riggs,
Hollingsworth,
Rumsey,
Johnson,
Satterwhite,
Kimball,
Scott,
Thayer, . -I'u:"'.
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
"Walker,
Wesner,
Wilson, of Blackford, *
Willson, of Ripley,
Wolflin,
Wood,
Woodard,
Wynn,
Mr. Speaker — 50.
So the motion did not prevail.
Mr. Kimball moved to refer Senate Bill No. 146 and House Bill
No. 260 to the committee on elections.
Mr. Cauthorn moved to refer said bills to a select committee of
one from each congressional district.
Mr. Edwards, of Lawrence, moved to lay the motion of Mr.
Cauthorn on the table.
Whereupon Messrs. Cauthorn and Richardson demanded the ayes
and noes.
The question being, shall the motion of Mr. Cauthorn to refer said
bill to a select committee of one from each congressional district,
be laid on the table?
Those who voted in the affi,rmative were, Messrs.
Baxter, Cole, Glasgow,
Billingsley, Cowgill, Gronendyke, "
Broaddus, Crumpacker, Hardesty,
Butterworth, Edwards, of Lawrence, Hatch,
Butts, Eward, Hedrick,
Clark, Furnas, Hollingsworth,
Cobb, Gifford, Johnson,
457
Kimball,
Prentiss,
Walker,
King,
Reeves,
Wesner,
Kirkpatrick^
Riggs,
Wilson, of Blackford,
Lenfesty,
Rumsey,
Willson, of Ripley,
Lent,
Satterwhite
Wolflin,
Mellett,
i: Thayer,
•• Wood,
Miller,
Tingley,
Woodard,
North, '
' ' Thompson,
ofElkhart,Wynn,
Odle,
Thompson,
of Spencer, Mr. Speaker — 50.
Ogden,
Troutnian,
Those who voted in the negative were, Messrs.
Anderson,
Givan,
., Reno,
Baker,
Glazebrook,
Richardson,
Barrett,
Goudie,
Rudder,
Blocher,
■■ Gregory,
Schmuck,
Bowser,
Heller,
Shirley,
Branham,
Henderson,
Shutt,
Brett,
Hoyer,
- Smith,
Cauthorn,
Isenhower,
Spellman,
Clay pool.
Jones,
Stanley,
Cline,
Martin,
Strange,
Coifman,
■ McConnell,
Teeter,
Dial,
McKinney,
Tulley,
Durham,
■ OfFutt,
Whitworth,
Eaton,
■' Peed,
Williard,
Ellsworth,
Pfrimmer,
Woollen— 45.
So the motion of Mr. Cauthorn to refer said bills to a select
committee of one from congressional district, was laid on the table.
Pending the consideration of the motion made by Mr. Kimball to
refer Senate Bill No. 146, and House Bill No. 260, to the committee
on elections.
On motion of Mr. Eaton,
The House adjourned until to-morrow morning at 9 o'clock A. M.
558
WEDNESDAY MORNING.
December 18, 1872, 9 o'clock.
The House met pursuant to adjournment, with the Speaker in the
ehair.
On motion, by Mr. Troutman,
The further reading of the Journal of yesterday was dispensed
with.
Mr. Kimball presented the following claim :
State of Indiana to the Republican State Central Committee
for rent of rooms from November 13th to December
20th, for use of committees on ways and means, railroad
Claims, roads, benevolent institutions, federal relations,
and other standing and special committees ^37 00
To gas in said rooms from Nov. 13th to Dec. 20th 12 00
To one-half ton anthracite coal 6 00
To repairs of stove and gas fixtures, and having coal
brought in 5 75
Total amount §60 75
Which was referred to the committee on claims.
Mr. Willson, of Ripley, moved a call of the House.
Those who unswered to their names were, Messrs.
Anderson, Broaddus, CofFman,
Baker, Butterworth, Cole,
Barrett, Butts, Cowgill,
Baxter, Clark, Crumpacker,
Billingsley, Claypool, Dial,
Blocher, Cline, Durham,
Bowser, Cobb, Eaton,
^
559
Edwards, of Lawrence,Kirkpatrick,
Shirley,
Ellsworth,
Lenfesty,
Shntt,
Eward,
Lent,
Spell man.
Furnas,
Martin,
Stanley,
Gifford,
McConnell,
Strange,
Givan,
McKinney,
Teeter,
Glasgow,
Mellett,
Thayer,
Glazebrook,
Miller,
Tingley,
Goble,
North,
Thompson,
of Elkhart,
Gregory,
Odle,
Thompson,
of Spencer,
Gronendyke,
Offutt,
Troutmau,
Hardesty,
Ogden,
Tulley,
Hatch,
Peed,
Walker,
Hedrick,
Pfrimraer,
Wesner,
Heller,
Prentiss,
Whit worth
>
Henderson,
Reeves,
Wilson, of Blackford,
Hollingsworth,
Reno,
Wilison, of Ripley,
Hoy or,
Richardson,
Wolflin,
Isenhower,
Riggs,
Wood,
Johnson,
Rudder,
Woodard,
Jones,
Rumsey,
Woollen,
Kimball,
Satterwhite,
Wynn,
King,
Scott,
Mr. Speaker— 91.
On motion of Mr. Billingsley,
The further proceedings under the call of the House was dispensed
with.
Mr. Kimball's motion, made on yesterday, to refer Senate bill No.
146, and House Bill No. 26(>, to the committee on elections, was,
On motion of Mr. Walker,
Laid on the table.
On motion of Mr. Branhara,
Senate Bill No. 146 was taken up and read a second time.
Mr. Kimball offered the following amendments :
Amend, at page eight, line seven, by striking out the word
" Decatur " after the " and," and by inserting in lieu thereof the
word "■ Jefferson."
560
Amend, at page eight, line nine, by striking out the words " and
Jefferson " and by inserting in lieu thereof the words " Decatur and
Rush." .—•:.' ,n.1:.V-gU^j
Amend, at page ten, line eight, by striking the words " and
Stark."
Amend, at page ten, line nine, by inserting after the word " Mar-
shall " the words *' and St. Joseph."
Amend, at page ten, line eleven, by striking out the word " and "
before the word " Pulaski," and by inserting after the word
" Pulaski " the words " and Starke." ^ rp
Amend, at page eleven, line twelve, by inserting the words " and
Blackford," after the word " Grant."
Amend, at page twelve, line one, by striking out the word "Jay"
and by inserting the word " Grant" in lieu thereof.
Amend, at page thirteen, line one, by striking out the word
" Blackford " before the words '* and Delaware," and by inserting
the word " Jay " in lieu thereof.
Amend, at page fourteen, line two, by striking out the word " St.
Joseph," and by inserting the word " Marshall" in lieu thereof.
Amend, at page three, line four, by striking out the word "and"
before the word "Jennings," and insert "Decatur" after the word
" Jennings."
Amend, at page three, line ten, by striking out the word " Mor-
gan," and by inserting the word " Shelby " before the words " and
Johnson."
Amend, at page five, line one, by inserting the word " Allen "
before the word " Adams," in said line.
Amend, at page five, line six, by striking out the words " and
Clinton," and by inserting the word " and " before the word
" Tipton."
Amend, at page five, line seven, by inserting the words "and
Clinton," after the word " Boone."
Amend, at page five, line twelve, by striking out the word " and "
before the word "Union," and inserting the words "and Rush"
after the word "Union,"
Amend, at page six, line two, by striking out the word "Shelby/'
and by inserting in lieu thereof the word " Morgan."
Mr. Wilson, of Uipley, moved tVie previous question.
Which motion prevailed.
Tiie question being, shall •tbo aiaesadments offered by Mr. Kimball
be adopted ? ^
It was so ordered.
Mr. Woollen m<;i.v*^d that Senate Bill No. 146 be laid on the table
and two hundred copies ordered j)rinted for the use of the members'
of this Koiise.
Mr. Kimball inoved to amend by laying Senate Bill '}^o. 146 ok
the table, that the amendments be engrossed, two hundred copies'
printed lor the use of the menibers of this House, that a committee
of two be appointed to superintend the printing of said bill, that
the consivleration of the same be made a special order for to-morrow
morning at 10 o clock en a third reading.
Which amendment Mr. Woollen accepted.
Wldch motion, as amended, a^ as then adopted.
Whereupon the Speaker appointed Messrs. Kimball and Woollen
as su(;h committee.
The follov,-ing message was received from the Senate, by the Sec-
retary thereof:
Me. Speaker:
I am directed by the Senate to inform the House that the Senate
has passerj the foilcwing House bill, to-Mit:
Engrossfd House Bill No. 1G3. A bill to provide for a uniform
aesessDjent of property, and for the collection and return of taxes
thertoB, and the same is herewith returned to the House.
The Speaker aimounced that he had signed Enrolled House Act
No. 119. ■ .
Mr. Johnson presented the claim of John H. HolJiday, proprietor
of the Evening Xev\s, for 105 copies of the Evening News for 13
days, at ip2.10 per day, $£7,30.
Which was reierrtjd to the committee on claims.
J I. J.—m.
562
On motion of Mr. Walker,
Senate Bill No, 54 was taken up. "
An act to divide the State of Indiana into Congressional Districts.
Which was read a first time.
Mn Walker moved that said bill be laid on the table, two hun-
dred copies of the same be printed for the use of tiic mend)ers of
the House, that aconiniittee of two be appointed to superintend the
printing of said bill, and that the consideration of the same be made
a special order for to-morrow morning at 10 o'clock, on a second
reading.
Which motion prevailed.
Whereupon the Speaker appointed Messrs. Kimball and Woollen
as such conimittee,
Mr. Kimball offered the following resolution :
WiiRREAS, The gidlant service of the union army should be held
in sacred and perpetual rememberance. Therefore, be it
Resolved, That we as members of the General Assembly of
Indiana, condemn the late action of the Hon. Charles Sumner, in
the United States Senate, in relation thereto, and be it further
Resolved, That we heartily concur in the resolution of Congress,
to wit: That no measure be taken toward removing from the army
register or regimental colors of the United States, the names ot the
battles of the rebellion.
Which resolution was adopted.
The following message was received from the Senate, by the Seo-
retary thereof:
Mb. Speaker:
I am directed by the Senate to inlorm the House that the Senate
has adopted the following resolution, to wit:
Whereas, Senate Bill No. 45, being a bill entitled "An nc:. to
provide for the perraaueut enclosure of the Tippecanoe Jkitile
563
Ground, and declaring an emergency," was amended in the Senate
Iby striking out the 6th section, but engrossed copy sent to tlie House
of Representatives contained said 6th section as though it had been
adopted ; s part of the bill by the Senate, and
Whereas, The House passed the bill with said 6th section
therein, and the same has been enrolled accordingly, therefore,
Resolved, That the House of Representatives be respectfully
informed that the bill that passed the Senate is not the same as that
passed by the House by reason of its including said 6th section, and
that the House be requested to reconsider its action in the {--assage
of said bill to the end that a corrected engrossed copy as it passed
the Senate may be furnished to the House for its consideration.
The message of the Senate in relation to Senate Bill No. 45, being
a bill entitled "An act to provide for the permanent enclosure of
the Tippecanoe Battle Ground, and declaring au emergency."
Was taken up, and
On motion of Mr. Woollen,
The vote on the passage of said bill was reconsidered, and the
Clerk ordered to notify tlie Senate oi such reconsideration.
Senate Bill No. 59, was taken up. An act to amend sections
twelve, fourteen and eighteen, and to legalize sections fifteen and
.sixteen of an act entitled "Au act to authorize aid to the construc-
tion of railroads by counties and townships taking stock in, and
making donations to railroad companies," approved May 12, J 869,
and declaring an emergency.
Which bill was read a first time and referred to committee on
•railroads.
The following message was received from the Senate by the Secre-
tary thereof:
Mr. Spbakee:
I am directed by the Senate to herewith transmit a corrected
■copy of Senate Bill No. 45, entitled " A bill to provide for the per-
manent enclosure of the Tippecanoe Battle Ground," as passed by
the Senate.
The message of the Senate in relation to a corrected copy of Sen-
ate Bill No. 45 was taken up.
664
A bill to provide for the permanent enclosure of the Tippecanoe
Battle GrounJ, and declaring an emergency.
Y/hich bill was reail a first time.
Mr. Woollen moved that the con?titutioncl rule be su,?pended, the*
bill read a second time by its title, read a third time by sections, and
put upon its passage.
The question being, shall the constitutional rule be suspended ?
Those who voted in the affirmative were, Mensrs.
Ander.^on,
Baxter,
Billingsley,
Blocher,
Brauham,
Brett,
Broaddus,
Buttervvorth,
Butts,
Clark,
Cliue,
Cobb,
CoUinan,
Cole,
Cowgill,
Crumpacker,
Dial,
Durham,
Eaton,
Edwards, of Lawrcnc.
Ellsworth,
Eward,
Gi fiord,
Givan,
Glasgow,
Glazebrook,
Coble,
Goudie,
Gregory,
Hardesty,
Hatch,
Hedrick,
Henderson,
HolHngsworth,
Hoyer, '
Ifenhower,
Johnson,
Kimball,
King,
Kirkpalrick,
Len testy,
Martin,
McConnell,
^ cKinney,
Miller,
, North,
Odle,
Ogden,
Peed,
Pfrimmer,
Prentiss,
Reeves,
i'eno,
I'ichardson,
Biggs,
Rudder,
Satterwhite,,
Scott,
Shirley,
Shutt,
Smith,
Spellman,
Strange,
Teter,
Tingk'V,
Thompson, of Elkhart
Thompson, of Spencer,
Troutman,
Tulley,
"Walker,
^A essner,
Whir worth,
Willard,
W ilson, of Blackford,,
^Vo..d,
AN'ooilen,
Mr. Speaker — 80.
No one votiuff in (he negative.
S^> the constitutional rule was suspended, the bill read a 8<econeE
565
time by its title, read a third time by seetions, and put upon its
passage.
The questiou bei;ig, shall the bill pass?
Thoae who voted in fhe affirmative were Messrs.
Anclersmi,
BilliiJgsley,
Blo.^lif>r,
Bran ham,
Brett,
Broaddus,
Buttervvorth,
Butts,
Clark,
Claypool,
Cline,
Cobb,
Cowgill,
Crumpacker,
Durham,
Edwards, of La
Ellsworth,
Evvard,
Gifiord,
Givan,
Glazebrdok,
Goblc,
Goudie,
Gronendyke,
Hardesty,
Hntcb,
lledriek,
Hender.^on,
IJollingsworth,
Isenhower,
Johnson,
Jones,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lent,
Martin,
McConuell,
McKinney,
vvrenee,Mejlett,
Miller,
North,
Odle,
Offiitt,
Ogden,
Peed,
Pfriramer,
Prentiss,
Reeves,
Richardson,
liiggs.
Rudder,
Satterwhite,
Sell muck,
Scott,
Shirley,
SroJth,
Spell man,
Stanley,
Strange,
Thayer,
Tingley,
Thompson, of Elkhart,
Tliompson, of Spencer,
Troutman,
Tulley,
Walker,
Whitworth,
Wood, :
Woolen,
Wynu,
Mr.Speaker — 73.
Those who voted in the negative were, Messrs.
Baxter,
Hoyer,
Teeter,
Bowser,
McConnell,
Wesner,
Dial,
Reno,
Willson of Blackford
Glasgow,
Shutt,
—11.
So the bill passed.
566
The question being, shall the title as read stand as the title of &©
bill?
It was so ordered.
Engrossed Senute Bill No. 115, was taken up.
A bill to prevent extortionate charges for, and unjust discfiniina-
tion in the transportation of freight by railroad companies and other
common carriers, and to provide a remedy when such extortion or
discrimination are practiced, and for the assignment of claims.
Which was read a first time and referred to the committee on the
judiciary.
Engrossed Senate Bill No. 2 was taken up. A bill to authorize
and regulate the incorporation of banks of discount and deposit in
the State of Indiana.
Mr. Branham moved to suspend the constitutional rule and have
the bill read a first and second time by its title.
The question being, shall the constitutional rule be suspended?
Those who voted in the offi,rmative were, Messrs.
Anderson,
Crumpacker,
Jones,
Baker,
Dial,
Kirkpatrick,
Barrett,
Durham,
Martin,
Billingsley,
Ellsworth,
McConnell,
Blocher,
Eward,
McKinney,.
Branham,
Gilford,
Mellett,
Brett,
Glasgow,
North,
Broaddus,
Glazebrook,
Ogden,
Butterworth,
Goble,
Peed,
Butts,
Goudie,
Reeves,
Cauthorn,
Gregory,
Richardson,
Clark,
Hardesty,
Rudder,
Claypool,
Hatch,
Satterwhite,
Cline,
Hedrick,
Schmuck,
Cobb,
Henderson,
Scott,
CofFman,
Hollingsworth,
Shutt,
Cole,
Hoyer,
Smith,
Cowgill,
Johnson,
Spellman,
567
Stanley, Thompson, of P^lkhart, Wood,
Teter, Thompson, of Spencer, Woollen,
Thayer, Troutman, Wynn,
Tingley, Whitworth, Mr. Speaker — 66.
Those who voted in the negative viere, 3Iessrs.
Bouser, King, Wesner,
Edwards, of Lawrence, Le life sty, Wilson, of Blackford,
Glvan, Miller, Willard— 11.
Gronendyke, Walker,
So the constitutional lule was suspended, and the bill read a first
and second time by its title.
Mr. Woollen offered the following amendments : (
Amend Senate Bill No. 2, by inserting the two following &w-
tions :
Section 18. The Auditor of State, with the approbation of the
Governor, as often as shall be deemed necessary or proper, shall
appoint a suitable person or persons, to make an examination of the
affairs of every banking association under this act, which person
shall not be a director or other officer in any association whose
affairs he shall be appointed to examine ; and who shall have power
to make a thorough examination into all the affairs of the associa-
tion, and in doing so, to examine any of the officers and agents
thereof on oath, and shall make a full and detailed report of the
condition of the association to the Auditor, and the association shall
not be subjected to any other visitorial powers than such as are
authorized by this act, except such as are vested in the several
courts of the State ; and every person appointed to make such exam-
inations, shall receive for his services at the rate of five dollars for
each day by him employed in such examination, and two dollars for
every twenty- five miles he shall necessarily travel in the perform^
ance of his duty, which shall be paid by the association by him
examined. That every association formed under the provisions of
this act shall make, to the Auditor of the State, not less than five
reports during each and every year, according to the form which
may be prescribed by him, verified by the oath or affirmation of the
president, cashier, or other managing agent of such association
568
which report shall exhibit in detail and under appropriate heads, the
resources and liabilities of the association at the close of business,
on any past day to be by him specified, and shall transmit such
report to the said Auditor, within five days after the receipt of a
request or requisition therefor from him, and the report of each
a.^sociation above required, in the same form in which it is made
to the Auditor, shall be ])ublished in the place where such asso-
ciation is established, or if there be no newspaper in the place,
then in '"one published nearest thereto, in the same county, or
an adjoining county, at the expense of the association, and such
proof of jtublication shall be furnished as may be required by
the said Auditor; and the said Auditor shall have power to
call lor special reports from any particular association whenever
in his judgment the same be necessary in order to a full and
eomj.>Ie(.e knowledge of its conditition. Any association failing
to make and transmit any such report, shall be subject to a pen-
alty of one hundred dollars for each day after fis-e days, that such
bank shall delay to make and transmit any such report as aforesaid,
to be recovered in any court having jurisdiction in an action insti-
tuted by the Auditor of State, on the relation of the State of ■
Indiana, and when so recovered, shall be placed into the treasury of
State, on account of the general fund.
Amend said bill further, by changing the emergency section from
No, 18 to No. 20. . ..■ .
Whish amendments were adopted. . ;
On motion of Mr. Cobb,
The bill was laid on the table, and two hundred copies ordered to
be printed for the use of the members of the House.
Engrossed Senate Bill No, 87 was taken up : ^' An act granting-
the consent of the State of Indiana to the purchase by the United
States of certain lands for the purpose of the erection of a public
building at Evansville, and ceding jurisdiction over tlie same, and
declaring an emergency.
Which was read a first time.
Mr. Baker moved that the constitutional rule be suspended, the
569
bill read a second time by its title, read a third time by sections, and
put upon its passage.
The question being, shall the constitutional rule be suspended?
Those who voted in the affirmathe irere, Messrs,
Anderson,
Baker,
Barrett,
Baxter,
Billingsley,
B'ocher,
Bowser,
Broaddus,
Butterworth,
Butts,
Cau thorn,
Clark,
Clay pool,
Cline,
Cobb,
Cofifman,
Cole,
Cowgill,
Crum packer,
Dial,
Durham,
Eaton,
Ellsworth,
Eward,
Furnas,
Giffurd,
•Glvan,
Glasgow,
Goble,
Goudie,
Gronendyke,
Pleller,
Henderson,
Hollingsworth,
Hoyer,
Jones,
Kimball,
King,
Kirk pa trick,
Lenf'esty,
Lent,
Martin,
McConnell,
McKinney,
Miller,
North,
0(1 le,
Ogdeu,
Peed,
Plrimmer,
Prentiss,
Reeves,
Reno,
Iliggs,
Rudder,
Satterwhite,
Shirley,
Sliutt,
Spell man,
Strange,
Teeter,
Thayer,
Tingley,
Thompson, of Elkhart,
Tiioaipson, of Spencer,
Troutman,
TuUey,
Walker,
Wesner,
Whitworth,
Willard,
AVilson, of Blackford,
Wilson, of Ripley,
Wolflin,
Wood,
Woodard,
Woollen,
Wynn,
Mr. Speaker, — -79.
No one voting in the negative.
So the constitutional rule was suspended, the bill read a second
time by its title, read a third time by sections, and put upon its
passage,
The question being, shall the bill pass?
m
Those who voted in the a^rmative were, Messrs,
Anderson,
Baker,
Hardesty,
Hatch,
Rudder^ '
Barrett,
Hedrick,
Scott, ■ -
Baxter,
Heller,
Shirley,
Billingsley,
Henderson,
Shutt,
Blocher,
B road d us,
Cau thorn,
Hollingsworth,
Hoyer,
Johnson,
Spellman,.
Strange,
Teeter,
Clark,
Cline,
Jones,
Kimball,
Thayer,
Tingley,
Cobb,
King,
Thompson, of Elkhart.
Coffman,
Cole,
Kirkpatrick,
Lenfesty,
Thompson, of Spencer,
Troutman,
Cowgill,
Dial,
Martin,
McConnell,
Tulley,
Walker,
Eaton,
McKinney,
Wesner,
Ellsworth,
Mellett,
Whitworth,
Eward,
Miller,
Willard,
Furnas,
North,
Wilson, of Blackford,
Gifford,
Odle,
Wolflin,
Givan,
Ogden,
Wood,
Glasgow,
Glaiebrook,
Peed,
Pfrimmer,
Woodard,
Woollen,
Goble,
Prentiss,
Wynn,
Goudie,
Gronendyke,
Reeves,
Reno,
Mr. Speaker— 79.
No one voting in '
the negative.
80 the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
Engrossed Senate Bill No. 159 was taken up. " An act to provide
for the submission to the qualified electors of this State, for their
ratification or rejection, a proposed amendment to the Constitutioa
of Indiana therein mentioned," and declaring an emergency.
Which was read a first time and passed to second reading.
671
House Bill No. 191 was taken up and read a third time.
I, ,
'' Whereupon, Mr. Furnas offered the following amendment :
Strike out the word "felony" in section , and insert in lieu
thereof the word misdemeanor, and amend the title iu accordance
therewith.
Which amendment was adopted and the bill as amended was,
On motion.
Re-committed to the committee on agriculture.
By consent, Mr. Mellett introduced
House Bill No. 261. An act to amend section 1 of an act to pro-
vide for a general system of common schools, the officers thereof and
tiieir respective powers and duties, and matters properly connected
therewith, and prescribing the fees for certain officers therein named,
and for the establishment and regulation of township libraries, and
to repeal all laws inconsistent therewith, providing penalties thereia
prescribed.
Wliich was read a first time, and.
On motion of Mr. Mellett,
Was referred to the committee of the whole House and made &
•pecial order for to-morrow at 11 o'clock A. M.
House Bill No. 185 was taken up, read a third time, and put upoB
its passage.
The question being, shall the bill pass?
Those who voted in the affirmative were, Mettsrs.
Anderson, Butterworth, Dial,
Baker, Butts. Durham,
Baxter, Cautliorn, Eaton,
Billingsley, Claypool, Edwards, of Lawrenoe^
Blocher, Cobb, Ellsworth,
Bowser, Coffraan, - Furnas,
Branhara, Cole, Giflord,
Broaddus, Cowgill, Givan,
572
Glasgow,
Gluzebrook,
Goudie,
Gregory,
Grouendyke,
Hedrick,
•Iloliing.sworth,
Hoyer,
Jones,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Martin,
.McConuell,
.McKinney,
.North,
Odle,
Peed,
Pfri aimer,
Prentiss,
Reeves,
Kichsirdson,
Eiggs,
Rudder,
Satterwhite,
Scott,
Shirley,
Shutt,
Spell man,
Stanley,
Strange,
Teter,
Thayer,
Tingley, j
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Tulley,
Walker, * ■■'■
Wesner,
Whitworth,
Willard,
Wilson, of Blackford,
Willson, of Ripley,
Wood,
Woodard,
Woollen,
Wynn,
Mr, Speaker — 76.
No one voting in the negative.
So (he bill passed.
The question being, shall the title as read stand as the title of tha
bill ?
It was so ordered.
The Speaker announced that he had signed Enrolled Senate Act
'No. 45.,
The following message was received from the Senate by the Sec-
retary thereof:
Me. Spea.ke'R:
I a-.n directed by the Senate to herewith transmit to the House
of Representatives, for the signature of the Speaker thereof.
Enrolled act of the Senate No. 45. Entitled an act to provide for
'the permanent enclosure of the Tippecanoe battleground, and declar-
ing an emergency.
The joint committee on enrolled bills submitted the following
report :
573
Mr. Speaker :
Your joint committee on oirolled bills have rarefully compared
S<»nate Enrolled Act No, 45, entitled an act flu the permanent en-
closure of the Tippecanoe battle ground, and declaring an emergency^
and find that the same ha:3 been correctly enrolled December ISth^
187i.
On motion of Mr. Blocher,
The House adjourned until 2 o'clock p. M.
AFTKHNOON SESSION, 1 O CLOCK.
The House met pursuant to udjoarnnient, with the Speaker in thfr
chair.
Engrossed House Bill No. 1G7 was taken up, read a third timCj
and put upon its passage.
The question being, sh:dl the bill pass?
Ihose who voUd in the ajfirmative were, Messrs.
Andt'rson,
Baker,
Barrett,
Baxter,
Blocher,
Bowser,
Bran ham,
Brett,
Broaddus,
Cauthctrn,
Clark,
Oiaypuol,
Oline,
Oobi),
Coffinan,
Cole,
Cowgill, Heller,
Crumpaeker, Hollingsworth,
Dial, Johnson,
Eaton, Kimball,
Edwards, of Lawrence, King,
Ellsworth,
Eward,
Furnas,
Gitford,
Givan,
Glasgow,
Glazebrook,
Goble,
Hardesty,
Hat<;h
Hedrick,
Kirkpatrick^
Leufesty,
Martin,
McConnell,
McKinney,,
Miller,
North,
Odie,
Offut,
Ogden,
Peed,
Pfrimraer
Prentiss,
Reno,
Richardson,
Rigg8,
Rudder,
Rumsey,
Satterwhite,
Schnmck,
Scott,
574
Till ley, ■■■•■■
Walker,
Whitworth,
WiUard,
.5^, Wilson, of Blackford,
Teeter, Wolflin,
Tingley, Wood,
Thomp.-on, of Elkhart, Woollen,
Thompson, ol SjJence^,^\S•nn,
Troutraan, Mr. Speaker — 78.
Shirley,
Shutt,
Smith,
Sjjellman,
Strantre.
No one voting in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bili.
It -was so ordered.
Mr. Cauthorn moved a call of the House.
Those ansicerinr/ to their names, were 3Iessrs.
Anderson,
Barrett,
Baxter,
Elocher,
Bowser,
Braiiham,
Brett,
Cauthorn,
Clark,
CiJne,
Cobb,
Coffman,
Cole,
Crum packer.
Dial,
Durham,
Eaton,
Edwards, of Lawrenw
Ellsworth,
Eward,
Furnas,
Giflbrd,
Givan,
Glasg(nv,
Goble,
Gregory,
Hardesty,
Hatch,
Hedrick,
Heller,
Hoi lings worth,
Hoyer,
Johnson,
Kimball,
King,
Kirkpatrick,
jLenlcsty,
Martin,
McConnell,
IMcKiuney,
Miller,
North,
Odle,
Offutt,
Ogden,
Peed,
Pfrimraer,
Prentiss,
Reeves,
Reno,
Richardson,
Riggs,
Rudder,
Rumsey,
Satterwhite,
Schmuck,
Scutt,
Shirley,
Shutt,
Smith,
Spell man,
Strange,
Teeter,
Tingley,
575
Thompson, of Elkhart, Willard,
Thompson, of Spencer, Wilson, of Blackford,
Troutman, Wolflin,
Tulley, Wood,
Walker, W^oollen,
Wesner, Wynn,
Whitworth, Mr. Speaker — 78.
On motion,
The further proceedings under the call was dispensed with.
The joint committee on enrolled bills submitted the following
report :
Mr. Speaker:
Your joint committee on enrolled bills would report that they, this
18th day of December, 1873, presented to the Governor for his ap-
proval, Enrolled Senate Act No. 45, entitled an act to provide for
the permanent enclosure of the Tippecanoe battle ground, and de-
■claring an emergency.
Engrossed Konse Bill No. 170 was taken up, read a third time,
and put upon its passage.
The question being, shall the bill pass?
Those toho voted in the affirmative were, Messrs.
Anderson,
Cobb,
Goudie,
Baker,
Coifman,
Gregory,
Barrett,
Cole,
Gronendyke,
J5axter,
Cowgill,
Hardesty,
Billingsley,
Crum packer,
Hatch,
Blocker,
Dial,
Hedrick,
Eowser,
Durham,
Heller,
Branham,
Eaton,
Henderson,
Brett,
Edwards, of Lawrence,Hollingswort
Broaddus,
Ellsworth,
Hoyer,
Cauthorn,
Furnas,
Johnson,
Clark,
Gifford,
Kimball,
Claypool,
Glasgow,
King,
Cline,
Goble,
Kirkpatrick,
576
Ri^gs,
Rudder,
Satterwhlte,
H<:-limuck,
Scott,
Shirley,
Shutt,
Suiilh,
Spellman,
Stanley,
btrauge,
Teoter,
T.ngley,
Thompson, of Elkhar
Thom])Son, of Spenoer,,
Troutraan,
Tulley,
A\'alker,.
^Vesner,
Whit worth,
Yv'illard,
Wiison, of ]3Ia<";kiord,
Willson, of Ripleyj
Woinin,
Wood,
Woollen,
Wynn,
t, Mr. Speaker — ^86.
Lenfesty,
Martin,
McConuell,
McKiuuey,
Milier,
Korth,
Odle,
Oflutt,
Ogdeu,
Petd,
Pfrimmer,
Prentiss,
Reno,
Reeves,
Richardson,
No one voting in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
By consent of the House Mr. Wilson, of Ripley, from the
committee on the organization of courts, tu-jmitted the following
report :
Mr. Si'Eakp:r:
Your committee on the organization of courts, to whom was
referred House Bill No. 214, entitled " A bill to amend (sections
twenty-five and twenty-six of an act, entitled * An act regulating
descents and the apportionments of estates,' " approved May 1-1, 1852,
have had the same under consideration and request me to report the
same back to the Plouse with the following amendments, viz :
After the word "intestate" in line nine, section first, insert the
following words, *' leaving no child or children but." Also -diWr ihe
words "two thousand," in line seventeen, section first, insert the
word " dollars," and Nvhen so amended recommend its passage.
W^hich rep«rt was concurred in, tlie amendments adopted, the-
bili as amended read the third time and put upon it^s pndsage.
677
The question being, shall the bill pass?
Those who voted in the affirmative were, 3fessrs.
Baker,
Goudie,
Rumsey,
Barrett,
Gronendyke,
Satter white,,
Baxter,
Hardesty,
Schmuck,
Billingsley,
Hatch,
Scott,
Bowser,
Hedrick,
Shirley^
Brauhani,
Heller,
Shutt,
Brett,
Hollingsworth,
Spellman.
Butts,
Hoyer,
Stanley,
Cauthorn,
Johnson,
Strange,
Clark,
Kimball, .
Teeter,
Claypool,
King,
Tingley,
Cline,
Lenfesty,
Thompson, of Elkhart,
Coffiuan,
Martin,
Thompson, of Spencer,
Cole,
McConnell,
Troutman,
Cowgill,
McKinney,
Tulley,
Crumpacker,
Miller,
Walker,
Dial
North,
Wesner,
Durham,
Odle,
Whitworth,
Eaton,
Offutt,
Wilson, of Blackford,
Ellsworth,
Ogden,
Willson, of Ripley,
Eward,
Pi'entiss,
Wolflin,
Furnas,
Reeves,
Wood,
Gifford,
Eeno,
Woollen,
Glasgow,
Richardson,
Wynn,
Glazebrook,
Riggs,
Mr. Speaker— 79.
Goble
Those who voted in the negative were, Messrs.
Anderson^
Butterworth,
So the bill passed.
Peed,
Pfrimmer,
Rudder,
Willard— 6.
The question being, shall the title as read stand as the title ©f the
bill?
It was so ordered.
H. J.— 37
578
Mr. Wesner offered the following additional section to be incor-
porated in the Specific Appropriation Bill.
Sec. — . To pay for holding adjourned or special terms of the
Circuit or Common Pleas Courts, and to Judges called to try causes
in the Common Pleas Courts in cases where a change of venue has
been taken from the Judges, including such services therein rendered,
since the adjournment of the last session of the General Assembly,
the sum of thirty-five hundred dollars is hereby appropriated :
Provided, The per diem paid to Judges shall not exceed ten dollara
per day.
Which was referred to the committee on ways and means with
instructions to insert the same in the specific appropriation bill.
Engrossed House Bill No. 178j was taken up, read a third time
and put upon its passage.
The question being, shall the bill pass?
Those who voted in the affirmative were, Messrs,
Anderson,
Given,
Reeves,
Brett,
Glazebrook,
Reno,
Baxter,
Goble,
Richardson,
Billingsley,
Goudie,
Riggs,
Bowser,
Gregory,
Satter white,
Branham,
Gronendyke,
Schmuck,
Broadus,
Hedrick,
Scott,
Butterworth,
Heller,
Shutt,
Cauthorn,
Hollingsworth,
Smith,
Clarke,
Hoyer,
Spellraan,
CI ay pool,
Kimball,
Stanley,
Cline,
King,
Strange,
Cole,
Kirkpatrick,
Teeter,
Cowgill,
Lenfesty,
Tingley,
Crum packer,
Martin,
Thompson, of Elkhart,
Dial,
McConnell,
Thompson, of Spencer,
Eaton,
McKinney,
Troutman,
Edwards, of Lawrence,Miller,
Tally,
Ellsworth,
North,
Walker,
Eward,
Offutt,
Wesner,
Furnas,
Ogden,
Whitworth,
G ifford,
Pfrimmer,
Willard,
579
Wilson, of BlackfordjWood, Wynn, ,
"Willson, of Ripley, Woollen, Mr. Speaker — 74.
Wolflin,
Those who voted in the negative were, 3Iessrs.
Baker, Blocher — 2.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
The committee on engrossed bills submitted the following rejwrt'.
Mr. Speaker:
The committee on engrossed bills have examined Engrossed Bill
No. 122, with the original copy, and find it correctly engrossed.
The joint committee on enrolled bills submitted the following
report :
Mr. Speaker :
Your joint committee on enrolled bills would report that they
have compared Enrolled Act No. 40, Senate, entitled " An act to
amend section second of an act concerning the organization and
perpetuity of voluntary associations, and repealing, etc.," with the
original and find the same correctly enrolled.
Engrossed House Bill No. 179 was taken up, read a third time
and put upon its passage.
The question being, shall the bill pass ?
Those who voted in the affirmoiive were, Messrs.
Anderson,
Brett,
Durham,
Barrett,
Broaddus,
Eaton.
Baxter,
Cauthorn,
Furnas,
Billingsley,
Claypool,
Gregory,
Bowser,
CofFman,
Heller,
580
Henderson,
Peed,
Tulley, , - ,
Kimball,
Reeves,
AValker,
King,
Riggs,
AVesner,
Kirkpatrick,
Satterwhite
, Whitworth,
Lenfesty,
Stanley,
Wilson, of Blackford.
Martin,
Strange,
Willson, of Ripley,
McConuell,
Teeter,
Wolflin,
Miller,
Tingley,
Wood,
North,
Thompson,
ot Elkhart, Woollen,
Offutt,
Thompson,
of Spencer, Wynn,
Ogden,
Troutraan,
Mr. Speaker — 46,
Those icho voted in the nerjaiive icere, Mensrs.
Baker,
Edwards, of Lt
iwreuce,Hoyer,
Blocker,
Ellsworth,
McKinney,
Branhani,
Eward,
Pfriramer,
Butterworth,
Gifford,
Reno,
Butts,
Givan,
Richardson,
Clark,
Glasgow,
Rudder,
Cliae,
Glazebrook,
Rumsey,
Cobb,
Goudie,
Schmuck,
Cowgill,
Hardesty,
Shutt,
Crumpacker,
Hedrick,
Spellmau — 31
Dial,
So the bill failed to pass for the want of the constitutional major-
ity.
Mr. Shirley presented the claim of the Singer Manufacturing-
Company for rent of room for the committee on organization of
courts and corporations, ^13.33, which was referred to the''commit-
tee on claims.
The following communication was presented by Mr. Peed :
State of Indiana, Office of Secretary of State,
Indianapolis, December 18, 1872.
Hon. Nathan Kimball, Chairman of the
Committee on Ways and Means :
Sir: For the past twelve years an appropriation of $1,000 per
581
year has been made for the incidental expenses of the office of Secre-
tary of State. The last Legislature, while adding very materially to
the duties of the office by the third section of the fee and salary act
cut off all, or nearly all the fees which formerly appertained to it,
and that, owing to the abrupt termination of the last session it failed
to make the usual appropriations for the incidental expenses of said
office. In view of the circumstances, would respectfull ask of your
committee to recommend the appropriation of ^1,000 per year for the
years 1871 and 1872, being the same amount heretofore appropri-
ated to the office of Secretary of State for the incidental expenses
thereof.
Very respectfully,
JOHN H. FARQUHAE,
Secretary of State.
Engrossed House Bill No. 187, was taken up, read a third time,
and put upon its passage.
The question being, shall the bill pass?
Those who voted in the affirmative were, Messrs.
Baker, King,
Claypool, I^iggs,
Edwards, of Lawrence,Iiumsey,
Eward, Satterwhite,
Kimball, ' Scott,
Thayer,
Thompson, of Elkhart,
Tulley,
Mr, Speaker — 14.
Those who voted in the negative were, Messr,
Anderson,
Barrett,
Baxter,
Billiugsley,
Blocher,
Bran ham,
Broaddus,
Butter worth,
Butts,
Cline,
Cobb,
Coffman,
Crumpacker,
Dial,
Durham,
Eaton,
Ellsworth,
Furnas,
Gifford,
Givan,
Glasgow,
Glazebrook,
Goble,
Goudie.
Gregory,
Gronendyke,
Hardesty,
Hatch.
Hedrick,
Heller,
Hollingsworth,
Hover,
Kirkpatrick,
Lenfesty,
Martin,
McKinney,
582
Odle,
Shirley,
Walker,
Offutt,
Shutt,
Wesner,
Peed,
Spellman,
Whitworth,
Pfrimmer,
Stanley,
Willard,
Prentiss,
Strange,
Wilson, of Blackford^
Reeves,
Teeter,
Wolfliu,
Reno,
±ingley,
Wood,
Richardson,
Thompson,
of Spencer, Woollen,
Rudder,
Trout man.
Wynn— 64.
Schmuck,
So the bill did not pass.
The following message was received from the Senate by the Sec-
retary thereof:
Mr. Speaker : ^
I am directed by the Senate to inform the House that the Senate-
has passed the following concurrent resolution, to wit :
Be it resolved by the Senate (the House of Hepresentatives concur-
ring therein), That the Attorney General be, and he is hereby direc-
ted and authorized to take all proper steps that he may deem advisa-
ble to procure the removal of the dam across the Calumet river, at
Blue Island, in the State of Illinois.
Be a further resolved, That the Governor be and is hereby author-
ized to pay out of the Contingent Fund, such expenses as may be
incured by the Attorney General in carrying out the object of this
resolution.
On motion of Mr. Cauthorn,
The Senate's concurrent resolution, directing and authorizing the
Attorney General to take all proper steps that he may deem advisa-
ble to procure the removal of this dam across the Calumet river, at
Blue Island, in the State of Illinois, and also authorizing the Gov-
ernor to pay the expenses of the Attorney General incurred in
carrying out the object of said resolution, was taken from the
Speaker's table, and,
On motion,
Concurred in.
583
Engrossed House Bill No. 188, was taken up, read a third time
and put upon its passage.
The question being shall the bill pass?
Those who voted in the afirmotive wei'e, Messrs.
Anderson,
Glazebrook,
Scott,
Barrett,
Goble,
Shirley,
Baxter,
Goudie,
Shutt,
Billingsley,
Gregory,
Smith,
Blocher,
Gronendyke,
Spellman,
Bran ham,
Hed rick,
Strange,
Brett,
Hoyer,
Teter,
Broaddus,
Johnson,
Thayor,
Butts,
King,
Tingley,
Ciuithorn,
Lenfesty,
Thompson, of Elkhart,
Clark,
Martin,
Troutman,
Clayjwol,
McConnell,
Tulley,
Cline,
McKiuney,
Walker,
Coflfman,
Miller,
Wesner,
Cole,
Odle,
Whit worth,
Cowgill,
OiFutt,
Willard,
Crurapacker,
Ogden,
Wilson, of Blackford,
Dial,
Peed,
Willson, of Ripley,
Durham,
Pfrinimer,
Wolflin,
Ellsworth,
Reeves,
Wood,
Furnas,
Reno,
Woollen,
Gifford,
Riggs,
Wynn,
Givan,
Rudder,
Mr. Speaker — 71.
Glasgow,
Schmuck,
Those who voted in the negative were, Messrs.
Butterworth, Hardesty,
Cobb, Hatch,
Edwards, of Lawrence, Heller,
Eward, Kirkpatrick,
So the bill passed.
Richardson,
Rumsey, ,
Stanley,
Thompson, of Spencer,
—12.
584
The question being, shall the title as read stand as the title of the
bill?
It was so ordered ,
The following message was received from the Senate by the Secre-
tary thereof:
Mr. Speak ee :
I am directed by the Senate to inform the House that the Senate
has passed the following Engrossed House Bill, to wit:
Engrossed House Bill No. 90. Entitled "A bill touching public
squares in towns laid out, platted and recorded with public grounds
not specially dedicated, and the matters therewith connected."
Also, Engrossed Plouse Bill No. 93. A bill authorizing cities
and towns incoporated under the authority of the State of Indiana,
to make and adopt a survey and plat thereof when there is no suffi-
cient survey and plat thereof, and to authorize such cities and towns
to adopt any survey and plat thereof already made, and declaring an
emergency.
Also, I am directed by the President of the Senate to inform the
House of Representatives that the President has signed Enrolled Act
No. 119 of the House, entitled "^^ An act in relation to organizing
the two Houses of the General Assembly, and defining certain duties
of certain officers in relation thereto, and declaring an emergency."
Also, that he has signed Enrolled Act of the Senate No. .45, enti-
tled " An act to provide for the permanent enclosure of the Tippe-
canoe Battle Ground, and declaring an emergency."
And the same has been delivered to the joint committee on enrolled
bills, in compliance with the joint rules of both Houses.
Engrossed Houf-e Bill No. 210 was taken up, read a third time
and put upon its passage.
The question being, shall the bill pass?
585
Thx)se who voted in the affirmative were, Messrs.
Baker,
Goble,
Reno,
Baxter,
Goudie,
Riggs,
Billingsley,
Gregory,
Rudder,
Brett,
Gronendyke,
Ramsey,
Broadus,
Hardesty,
Sehmuck,
Butterworth,
Hatch,
Shatt,
Butts,
Heller,
Smith, ■'
Cauthorn,
Hollingsworth,
Spellraan,
Clark,
Kimball,
Stanley,
Clay pool,
King,
Strange,
Coffman,
Kirkpatrick,
Teeter,
Cole,
Lenfesty,
Tingley,
Crum packer.
Martin,
Thompson, of Elkhart,
Dial,
McConnell,
Thompson, of Spencer,
Eaton,
McKinney,
Troatman,
Edwards, of Lawr
ence, Miller,
Walker,
Ellsworth,
North,
Wesner,
Eward,
Odle,
Whitworth,
Furnas,
Ogden,
Wilson, of Blackford,
Gifford,
Peed,
Wood,
Givan,
Pfrimmer,
Woollen,
Glasgow,
Prentiss,
Wynn,
Glazebrook,
Reeves,
Mr. Speaker— 71.
No one votino; in the negative.
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
Engrossed House Bill No. 211 was taken u]-), read a third time
and put upon its passage.
The question being, shall the bill pass ?
Those who voted in the affirrnative were, Messrs.
Anderson, Baker, Barrett,
586
Baxter,
Hardesty,
Riggs-,.
Billingsley,
Hatch,
Rudder,
Branham,
Hedrick,
Rumsey,
Brett,
Heller,
Satterwhite,
Broaddus,
Hollingswortb,
Schmuck,
Butter worth,
Hoyer,
Scott,
Butts,
Johnson,
Shutt,
Cauthorn,
Kimball,
Spellman,
Clark,
King,
Stanley,
Claypool,
Kirkpatrick,
Teetr, 1
Cobb,
Lenfesty,
Thayer,
Cole,
Martin,
Tingley,
Cowgill,
McCounell,
Thompson, of Elkharty
Crura packer,
McKiuney,
Thompson, of Spencer,
Dial,
Miller,
Troutman,
Eatou,
North,
Tulley,
Edwards, of Lawrence,Odle,
Walker,
Ellsworth,
OfFutt,
Wesner,
Eward,
Ogden,
Whitworth,
Furnas,
Peed,
Wilson, of Blackford,
Gifford,
Pfrimmer,
Wolflin,
Glasgow,
Prentiss,
Woodard,
Glazebrook,
Reeves,
Woollen,
Goble,
Reno,
Wynn,
Goudie,
Richardson,
Mr. Speaker— 79.
Groneudyke,
Tlwse who
voted in the negative
were, Messrs.
Blocher,
Durham,
Eaton — 4.
Coffraan,
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered.
The joint committee on enrolled bills submitted the following
report :
Mr. Speaker :
Your joint committee on enrolled bills would report that thej
587
have presented to the Governor for his signature. Enrolled House
Bill No. 119. Entitled an act in relation to organizing the two
houses of the General Assembly ; defining certain duties of certain
officers in relation thereto, and declaring an emergency.
Ip Engrossed House Bill No. 215 was taken up, read a third time
and put upon its passage.
, The question being, shall the bill pass?
i Those tvho voted in the affirmative were, .Messrs.
Anderson,
King,
Shirley,
Baxter,
Kirkpatrick,
Shutt,
Billingsley,
Lenfesty,
Spellnian,
Brett,
Miller,
Smith,
Claypool,
North,
Tingley,
Crum packer,
Odle,
Thompson, of Elkhart,
Dial,
Oifutt,
Thompson, of Spencer,
Eaton,
Ogden,
Walker,
Ellsworth,
Pfrimmer,
Wesner,
Furnas,
Reeves,
Whitworth,
Gifford,
Reno,
Willard,
Goble,
Richardson,
Wilson, of Blackfordp
Goudie,
Riggs,
Wolflin,
Gronendyke,
Rudder,
Wood,
Hedrick,
Runisey,
Woollen,
Hollings worth,
Satterwhite,
Wynn,
Kimball,
Scott,
Mr. Speaker — 51.
Those wlio voted in the negative were, Messrs.
Baker,
Eward,
McKinney,
Blocher,
Glasgow,
Peed,
Branham,
Martin,
Stanley,
Broaddus,
McConnell,
Troutman. — 13,
Cobb,
So the bill passed.
The question being, shall the title as read stand as the title of
the bill ?
It was so ordered.
588 •'
By consent of the House, Senate Bill No. 3, was taken up, read
a third time and put upon its passage.
The question being, shall the bill pass?
Those who voted in the afirmative were, 31essrs.
Anderson,
Hardesty,
Richardson,
Baker,
Hatch,
Riggs,
Baxter,
Hedrick,
Rumsey,
Billingsley,
Heller,
Satterwhite,
Biocher,
Hollingsworth,
Schmuck,
Bowser,
Hoyer,
Shirley,
Branham,
Johnson,
Shutt,
Broaddus,
Kimball,
Spell man.
Butterworth,
King,
Thayer,
Clark,
Kirkpatrick,
Tingley,
Cobb,
Lenfesty,
Thompson of Spencer,
Cowgill,
Martin,
Troutman,
-Crumpacker,
McConnell,
Walker,
Edwards, of Lawrence, McKinney,
Wesner,
Ellsworth,
Miller,
Whitworth,
Eward,
North,
Willard,
Furnas,
Odie,
Wilson, of Blackford,
Gifford,
Offutt,
Willson, of Ripley,
Givan,
Og-deii,
Wolfliu,
Glasgow,
Prentiss,
Wood,
Goiidie,
Reeves,
Mr. Speaker — 65.
Gronendyke,
lliose who voted in the negative loere, Messrs.
Claypool,
Goble,
Rudder,
Cline,
Pfrimmer,
Stanley,
Durham,
Reuo,
Tulley— 9.
So the bill passed.
The questi )n being, shall the title as read stand as the title of the
bill?
It was so ordered.
589
The following message was received from the Senate by the Secre-
tary thereof:
Mr. SrEAKEE:
I am directed by the Senate to herewith transmit to the House of
Representatives, for the signatui'e of the Speaker thereof, Enrolled
Senate Act Xo. 40, to wit : An act to amend section second of an
act entitled '^ An act concerning the organization and perpetuity of
voluntary associations, and repealing an act entitled ' An act concern-
ing the organization of voluntary associations, and repealing former
laws in reference thereto,' approved February 12, 1855, and repeal-
ing each act repealed by said act, and authorizing gifts or devises by
will to be made to any corporation or purpose contemplated by this
act," approved February 20, 1867, and declaring an emergency to
exist,
Mr. Willard was granted leave of absence until Friday next.
The Speaker announced that he had signed Enrolled Senate Act
No. 40.
Engrossed House Bill No. 60 was taken up and read a third time.
On motion of Mr. Branham,
The bill was recommitted to the" committee on ways and means.
House Bill No 76 was taken up, read a third time, and, pending;
■which, ■ . -
On motion of Mr. Lenfesty,
The House adjourned until to-morrow morning at 9 o'clock.
590
THURSDAY MORNING.
December 19, 1872, 9 o'clock.
The House met pursuant to adjournment with the Speaker in the
chair,
Tlie Journal of yesterday was read in part, when
On motion of Mr. McConnell,
The further reading of the same was dispensed with.
Engrossed House Bill No. 76 was taken up, read a third time
and put upon its passage.
The question being, shall the bill pass?
Those who voted in the affirmative were, Messrs.
Baxter,
Branham,
Broaddus,
Butterworth,
Butts,
Cauthorn,
Clark,
Claypooi,
Coffmau,
€ole,
Cowglll,
Durham,
Eaton,
Ellsworth,
Eward,
Givan,
Goudie,
Gregory,
Hatch,
Heller,
Henderson,
Hollingsworth,
Isenhower,
Martin,
McConnell,
McKinnney,
Ogden,
Reno,
Richardson,
Riggs,
Schmuck,
Scott,
Shirley,
Spellman,
Strange,
Tetcr,
Thompson, of Elkhart,
Troutman,
Wesner,
Whitworth,
Wolflin,
Wynn— 41.
Those who voted in the negative were, ITessrs.
Anderson,
Baker,
Brett,
Gline,
Crumpacker,
Dial,
591
Txl wards, of Lawrence,Lenfe8ty,
Gifford, North,
Satterwhite,
Shutt,
Glasgow,
Gronendyke,
Odle,
Peed,
Tingley,
Thompson, of Spencer,
Hardesty,
Hedrick,
Pfrimmer,
Prentiss,
Till ley,
Willard,
Hoyer,
Riggs,
Wilson, of Blackford,
Jones,
Rudder,
Wood,
King,
Kirkpatrick,
Rumsey,
Mr. Speaker — 35.
So the bill did not pass for want of the constitutional majority.
The committee on engrossed bills submitted the following report :
Mr. Speaker :
The committee on enrolled bills report that they have this day
presented Senate Bill No 40, an act to amend section second oi an
act entitled "An act concerning the organization and perpetuity of
voluntary associations," to the Governor for his approval, Decem-
ber 18, 1872.
The following message was received from the Senate by the Sec-
retary thereof:
Mr. Speaker :
I am directed by the Senate to inform the House that the Senate
has refused to concur in the accompanying engrossed amendments of
the House to Senate Bill No. 145, and the Senate respectfully asks
the appointrnent of a conference committee to consider the matter
further. And I am also further directed to inform the House that
the Senate has appointed as said committee on the part of the Senate,
Messrs. Dwiggins and Slater.
The following message was received from the Senate by the Secre-
tary thereof:
Mr. Speaker :
I am directed by the Senate to inform the House of Representa-
tives that the Senate has passed the Engrossed House Joint Resolu-
592
tion Xo 7, entitled "A Joint Resolution in relation to an appropri-
ation by Congress for the completion of the harbor at Michigan City»
Mr. Speaker : • • .
I am directed by the Senate to inform the House that the Senate
has passed the following Engrossed Senate bills, to wit :
Engrossed Senate Bill No. 150. A bill to legalize taxes hereto-
fore levied for purposes of tuition, by the school trustees of any of
the iucorj)orated cities of this State, and authorizing the collection
of the same; and declaring an emergency.
Also, Engrossed House Bill No. 172. A bill to fix the time of
holding the terms of the Common Pleas Court in the several coun-
ties comprising the Sixth Judicial District, the duration of such,
terms, and- repealing all laws in conflict therewith ; and the same is
herewith transmitted to the House.
Mr. Branham offered the following concurrent resolution :
Resolved, That this House, the Senate concurring, will pass no bills
at this session aiter this day.
Mr. Willsou, of Ripley, moved to lay the concurrent resolution on
the table.
Whereupon Messrs. Branham and Rudder demanded the ayes
and noes.
Those who voted in the afimiative were, Messrs.
Baxter,
Billingsley,
Blocher,
Broaddus,
Butterworth,
Butts,
Clark,
Cline,
Cobb,
Cole,
Cowgill,
Crumpacker, . Hollingsworth,
Edwards, of Lawrence,Johnson,
Eward,
Furnas,
Gifford,
Glasgow,
Goudie,
Gronendyke,
Hardesty,
Hatch,
Hedrick,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Miller, '
North,
Odle,
Ogden,
Prentiss,
Reeves,
Riggs,
Satterwbite,
Scott,
Thayer,
593
Tingley, Willson, of Ripley,
Thompson, of Elkhart, Wolflin,
Walker, Wood,
Wcsner, Wynn,
Wilson of Blackford, Mr. Speaker— 49.
Those icho voted in the negative v.)ere, Messrs.
Anderson,
Baker,
Barrett,
Bowser,
Bradshaw,
Brett,
Cauthorn,
Claypool,
Coft'man,
Dial,
Durham,
Eaton,
Ellsworth,
Gi van ,
Glazebroak,
Goble,
Gregory,
Heller/
Henderson,
Hoyer,
Isenhower,
Jones,
Martin,
MeConnell,
McKinney,
Peed,
Pfrimmer,
Reno,
RichardsoE,
Rudder,
Rumsey,
Sell muck,
Shirley,
Shutt,
Smith,
Spellman,
Strange,
Teeter,
Thompson, of Spencer,,
Tulley,
Whitworth,
Willard,
Woollen — 43.
So the concurrent resolution was laid on the table.
The following message was received from the Senate, by the Secre-
tary thereof:
Mil. Speaker :
I am directed by the Senate to inform the House of Representatives
that the Senate has passed the following engrossed bill, to wit :
Engrossed Senate Bill No. 151. Entitled an act to amend the
— section of an act entitled as follows : " An act to amend the first
section of an act entitled an aci for the incorporation of manufactur-
ing aud mining companies, and companies for mechanical, chemical
and building purposes," approved May 20th, 1852, so as to provide
for the incorporation of companies to furnish motive power to carry
on such business, or to supply any city or village with water;
approved March 11th, 1862. So as to authorize and provide for the
H. J.— 38
594
inccrporation of unioA stock yard and transit companies ; and also to
authorize and provide for the incorporation of grain elevator compa-
nies^ and legalizing the incorporation of any grain elevator compa-
nies already formed or attempted to be formed under the act to which
this is an amendment ; and declaring an emergency.
And the same is herewith transmitted to the House.
The following message was received from the Senate, by the Secre-
tary thereof:
Me. Speaker:
I am directed by the Senate to inform the House that the Senate
passed the following engrossed House Bill No. 134: Entitled "A
bill to fix the time of holding Circuit Courts, and the length of the
terms thereof, in the several counties comprising the Twelfth Judi-
cial Circuit of the State of Indiana, and providing for the return of
process thereto," and the same is herewith returned to the House.
The joint committee on enrolled bills, submitted the following
report :
Mr. Speaker :
Your joint committee on enrolled acts would report that they
have examined Enrolled Act No. 95, House of Representatives,
entitled ''An act authoriziug cities and towns incorporated under
the authority of the State of Indiana, to make and adopt a survey
and ])]at thereof, etc." Have carefully compared the same with the
engrossed bill and find the same is correctly enrolled.
special order.
The special order being the consideration of Senate Bills NoS. 54
and 146,
Senate Bill No. 54 was taken up and read a second time.
]Mr. Glasgow oiFered the following:
Strike out sections three, four, five, six, seven, eight, nine, ten,
■eleven, twelve, thirteen, fourteen, and fifteen, and insert the follow-
ing :
595
Sec. 3. That the couuiies of Steuben, Lagrange, DeKalb, Xoble,
Elkhart, Kosciusko and ^Thitley shall constitute the First District.
Sec. 4. The counties of St. Joseph, Laporte, Porter, Lake,
Ne^vton, Jasper, Pulaski, Starke, Marshall and Fulton shall consti-
tute the Second District.
Sec. 5. The counties of Benton, ^'hite, Tippecanoe, Boone,
Montgomery, Fountain and ^Yarren shall constitute the Third Dis-
trict.
Sec. 6. The connties of Clinton, Carroll, Cass, Miami, Wabash,
Ho'vvard and Tipton shall constitute the Fourth District.
Sec. 7. The counties of Allen, Adams, Wells, Huntington, Juy,
Blackford and Grant shall constitute the Fitth District.
Sec. 8. The counties of Eandolph, Delaware, Madison, Hamil-
ton, Hancock and Henry shall constitute the Sixth District.
Sec. 9. The counties of Wayne, L'nion, Fayette, Franklin,
Decatur, Eush and Shelby shall constitute the Seventh District.
Sec. 10. The counties of Marion, Johnson, Morgan and Hen-
dricks shall constitute the Eighth district.
Sec. 11. The counties of Putnam, Parke, Vermillion,, Vigo,
Clay, Owens and Monroe, shall constitute the jSinth District.
Sec. 12. The counties of Sullivan, Knox, Greene, Davis, Mar-
tin, Orange, Lawrence and Dubois, shall constitute the Tenth
District.
Sec. 13. The counties of Brown, Jackson, Crawford and Wash-
ington, shall constitute the Eleventh District.
Sec. 14. The counties of Jefierson, Jennings, Bartholomew,
Eipley, Dearborn, Ohio and Switzerland, shall constitute the Twelfth
District.
Sec. 15. The counties of Perry, Spencer, Warrick, Vander-
burgh, Posey, Gibson and Pike, shall constitute the Thirteenth Dis-
trict.
On motion of Mr. Kimball,
Senate Bill Xo. 54, and amendments, were passed to the third
reading, and made a .special order for to-morrow morning at ten
o'clock.
596-
Senate Bill No. 146 was taken up, read a third time, and put upon
its passage.
The question being, shall the l>i]l pass?
Mr. Wesner moved the previous question.
Which motion prevailed.
The question being, shall the bill pass?
77io.se ivho voted in the affirmative, were, 3Iessrs.
Baxter,
Gronendyke,
Riggs,
Billingsley,
Hardesty,
Rumsey,
Branham,
Hatch,
Satterwhite,
Broaddus,
Hollingsworth,
Scott,
Butter worth,
Johnson,
Thayer,
Butts,
Kimball,
Tingley,
Clark,
King,
Thompson, of Elkhart.,
Cobb,
Kirkpatrick,
Thompson, of Spencer,
Cole,
Lenfesty,
Troutman,
Cowgill,
Lent,
Walker,
Crumpacker,
Mellett,
Wesner,
Edwards, of Lawrence,Miller,
Wilson of Blackford,
Eward,
North,
Wilson of Ripley,
Furnas,
Odle,
Wolflin,
Gilford,
Ogden,
Woods,
Glasgow,
Prentiss,
Wynn,
Goudie,
Reeves,
Mr. Speaker — 52.
Those
who voted in the negative,
were, 3Tessrs.
Anderson,
Dial,
Hoyer,
Baker,
Durham,
Isenhower,
Barrett,
Eaton,
Jones,
Blocker,
Ellsworth,
Martin,
Bowsei-,
Givan,
MeConnell,
Brett,
Glazcbrook,
McKinney,
Cauthorn,
Goble,
Peed,
Claypool,
Gregory,
Pfrimmer,
Cline,
Heller,
Reno,
Coif man,
Henderson,
Richardson,
597
Rudder,
Smith,
Tulley^
Schmuck, *
Spellman,
Whitworthy
Shirley,
Strange,
Willard,
Shutt,
Teeter,
Woollen— 42,
So the bill passed.
The question being, shall the title as read stand as the title of
the bill?
Whereupon Mr. Cauthorn oiFered the following amendment t«
the title :
An act to fix the number of Senators and Representatives to the
General Assembly of the State of Indiana and apportion the same
among the several counties of the State in such a manner as tc
perpetuate the power of the Republican party, and declaring an
emergency.
Mr. Kimball moved to lay the amendment on the table.
Whereupon Messrs. Cauthorn and Smith demanded the ayes and
Those who voted in the affirmative, were, Messrs.
Baxter,
Billingsley,
Branham,
Broaddus,
Butterworth,
Butts,
Clark,
Cobb,
Cole,
Cowgill,
Crum packer,
Gronendyke,
Hardesty,
Hatch,
Hedrick,
IloUingsworth,
Johnson,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lent,
Edwards, of Lawreuce,Mellett,
Eward, jMiller,
Furnas, North,
Gilford, Odle,
Glasgow, Ogden,
Goudie, Prentiss
Reeves,
Riggs,
Satterwhite^
Scott,
Thayer,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer^
Troutman,
Walker,
Wesner,
Wilson, of Blackford,
Willson, of Ripley,
Wolflin,
Wood,
Wynn,
Mr. Speaker — 51.
598
Tliose who voted in the negative were, Messrs,
Anderson,
Glazebrook,
Rudder,
Baker,
Goble,
Schmuck,
Barrett,
Gregory,
Shirley,
Blocher,
Heller,
Shutt,
Bowser,
Henderson,
Smith,
Cauthorn,
Hoyer,
Spellman,
Claypool,
Isenhower,
Strange,
Cline,
Martin,
Teeter,
Coffraan,
McConnell,
Tulley,
Dial.
McKinney,
Whitworth,
Durham,
Pfrimmer,
Willard,
Eaton,
Reno,
Woollen— 38
Ellsworth,
Richardson,
So the amendment to the title was laid upon the table.
The title then as read was approved as the title of the bill.
Mr. Kimball moved to reconsider the vote on the passage of Sen-
ate Bill No. 146.
Mr. Kimball moved to lay the motion to reconsider on the table.
Which was so ordered, by consent.
On motion of Mr. Clark, \
The House adjourned until two o'clock, p. M.
AFTERNOON SESSION, 2 o'CLOCK.
The House met pursuant to adjournment, with the Speaker in the
Chair.
The special oi-der for 11 o'clock, this A. M., being the considera-
tion of House Bill No. 261, by the committee of the whole House,
by consent of the House said bill was made a special order by the
committee of the whole House at 2^ o'clock this p. m.
599
Mr. Eiggs, chairman of the committee on claims, submitted the
following report : .
Mr. Speaker :
The committee on claims, to whom was referred the claim of J. H.
Holliday for $27.30, on account of papers furnished the House at
the session of 1871, have had the same under consideration, and
recommend that it be allowed and referred to the committee of ways
and means, and incorporated in specific appropriations.
Which re2>ort was concurred in.
Mr. Riggs, chairman of the committee on claims, submitted the
following report :
Mr. Speaker :
The committee on claims, to whom was referred the claim of the
Singer ?:Iaiiufacturing Company for §13.n.3j for rent of rc/jm for
comuiittee on organization of courts, have had the same under con-
sideration, and recommend that it be referred to the committee on
ways and means, and included in the specific appropriation bill.
Which report was concurred in.
Mr. Riggs, chairman of the committee on claims, submitted the
follov.'ing report :
Mr. Speaker:
The committee on claims, to whom was referred the claim of Tele-
graph Company for .^757.05, on account of papers furnished the
House this session, have had the same under consideration, and
recommend that it be allowed and referred to the committee on ways
and means, and incorporated in specific appropriations.
Which report was concurred in.
Mr. Riggs, chairman of the committee on claims, submitted the
following report :
Mr. Speaker :
The committee on claims, to whom was referred the claim of the
600
Indianapolis Sentinel Company, for $876.56, on account of papers
furnii-bed the House this session, have had the same under consider-
ation, and recommend that it be allowed and referred to the com-
mittee of ways and means, and incorporated in specific appropriations.
Which report was concurred in.
Mr. Iliggs, chairman of the committee on claims, submitted the
following report :
Me. Speaker :
The committee on claims, to whom was referred the claim of the
Journal Company for $870.56, on account of papers furnished the
House this session, have had the same under consideration, and
recommend that the same be allowed and referred to the committee
of ways and means, and incorporated in specific appropriations.
Which report was concurred in.
Mr. Cobb, from the committee on claims, submitted the following
report :
Mn. Speaker:
The committee ou claims, to whom was referred the claim of
Holland & Binkley for $5,359.15, on account of legal services for
the State as set forth in the accompanying papers, have had the same
under consideration, and recommend that they be allowed the sum
of $2,359.1 o, and that the House instruct the committee ou ways
and means to incorporate it in specific appropriations.
Which report was concurred in.
Mr. Cobb, from the committee on claims, submitted the following
report :
Mr. Speaker : ■ •
The committee on claims, to whom was referred the claim of
Theodore W. McCoy for $3,200 for clerk hire in the office of the
Clerk of the Supreme Court for work done on State cases, on which
costs are not taxable from November 14, 1868, to November 12,
1872, have had the same under consideration and recommend that
601
he be allowed .^1,600, and that it be referred to the committee of
ways aud means and incorporated in the specific appropriations.
Mr. Lenfesty, from the committee on claims, submitted the fol-
lowing minority report :
Mpw Speaker:
The minority of your committee on claims, to which was referred
the claim of Theodore W. ISIcCoy for ^3,200 lor extra seryices as
Clerk of the Supreme Court within and for the past four years, and
upon which the majority of said committee report an allowance of
$1,600, believe the same to be unjust and unwarranted and that no
part of the same be allowed, and therefore respectfully recommend
that said claim be not allowed.
E. S. LENFESTY,
S. D. DIAL,
S. S. SHUTT.
The question being, shall the minority report be substituted for the
majority report ?
Whereupon the ayes and noes were demanded by Messrs. Smith
and Lenfesty.
Those who voted in the affirmative were, Jlessrs,
Barrett,
Baxter,
Billingsley,
Blocher,
Bowser,
Branham,
Broaddus,
Butterworth,
Butts,
Cauthorn,
Claypool,
Coflban,
Crumpacker,
Dial,
Durham,
Ellsworth,
Eward,
Furnas,
Givan,
Glasgow,
Glazebrook,
Goble,
Goudie,
Hardesty,
Hatch,
Heller,
Isenbower,
Johnson,
Jones,
Kinsf.
Edward^, of Lawrence,Kirkpatrick,
Lenfesty,
Martin,
McConnell,
McKinney,
Mellett,
Miller,
North,
Ogden,
Pfrimmer,
Prentiss,
Reeves,
Richardson,
Rumsey,
Schmuck,
Scott,
Shirley,
602
Shutt, Thompson, of Elkhart. Wesner,
Smith, Thompson, of Spencer, Whitworth,
Spellman, Troutman, Wilson, of Blackford,
Strange, Tulley, Wood,
Teeter, Walker, Wynn— 66.
Those who voted in the negative were, Messrs. ' " ■
Anderson, Gilford, Tingley,
Baker^ Glazebrook, Wolflin,
Cobb, Kiggs, Mr. Speaker — 10.
Gronendyke,
So the minority report was substituted for the majority report, and
the rep-^trt concurred in.
Mr. Riggs, chairman of the committee on claims, submitted the
following report:
Mr. Speaker :
The committee on claims, to whom was referred the claim of
Jonathan W. Gordon for $750, on account of legal services, have
had the same under consideration, and recommend that it be allowed,
referred to the committee on ways and means and incorporated in
specific appropriations.
The question being, shall the report of the committee be concur-
red in?
Whereupon Messrs. Smiih and Heller demanded the ayes and
Those who voted in the affirmative were, Messrs.
Gronendyke,
Hardesty,
Hatch,
Hedrick,
Edwards, of Lawrence,Heuderson,
Hollingsworth,
Hoyer,
Johnson, .
Anderson,
Cobb,
Baker,
Cole,
Baxter,
Cowgill,
Billingsley,
Dial,
B road d us.
Edwards
Butterworth,
GifFord,
Butts,
Givan,
Clark,
Goudie,
603
Jones,
Riggs,
Wesner,
Kimball,
Runisey,
Willard,
King,
Sohiuuck,
Wilson, of Blackford,
Kirkpatrick,
Shutt,
Willson, of Ripley,
Lenfesty,
Tingley,
AVolflin,
McGonuell,
Thompson,
of Elkhart, Wood,
Mellett,
Thompson,
of Spencer, Woollen,
Miller,
Troutman,
Wynn,
North,
Walker,
Mr. Speaker— 52.
Ogcleu,
Those who voted in the negative were, Messrs.
Barrett,
Blocher,
Bowser,
Brett,
Cauthorn,
Clay pool,
Cline,
Coffman,
Crumpacker,
Durham,
Ellsworth,
Eward,
Glazebrook,
Goble,
Gregory,
Heller,"
Isenhower,
Martin, '
McKinney,
Pfrimmer,
Reno,
Rudder,
Smith,
Spellman,
Strange,
Teeter,
TuUey,
Whitworth-
-28.
So the rejiort was concurred in,
Mr, Riggs, committee on claims, submitted the following report:
Mr. Speaker:
The committee on claims to whom was referred the claim of
Hendricks, Hord & Hendricks, $750, on account of legal services
rendered in the case of Garrett vs. Trustees Wabash and Erie
Canal, have had the same under consideration, and recommend that
it be allowed and referred to the committee on ways and means, and
incorporated in specific appropriations.
The question being shall the report of the committee be concur-
red in.
Whereupon Messrs. Tulley and Heller demanded the ayes and
noes.
604
Those who voted in the affirmative loere, Messrs.
Anderson,
Baker,
Billingsley,
Broaddus,
Butterworth.
Butts,
Clark,
Cobb,
Cole,
Cowgill,
Dial,
Edwards, of Law
Furnas,
Gifford,
Goudio,
Hedrick,
Henderson,
Hollingsworth,
Hoyer,
Johnson,
Kimball,
King,
Kirkpatrick,
Lenfesty,
McConnell,
Miller,
rence,^tel]ett.
North,
Ogden,
Prentiss,
Reeves,
Riggs,
Scott,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Walker,
Wesner,
Wilson, of Blackford,
Willson, of Ripley,
Wolflin,
Wood,
Woollen,
Mr. Speaker — 45.
Those vjho voted in the negative were, Messrs.
Barrett,
Blocher,
Bowser,
Butts,
Claypool,
Crumpacker,
Durham,
Ellsworth,
Eward,
Givan,
Glazebrook,
Gregory,
Hardesty,
Hatch,
Isenhower,
Jones,
Martin,
McKinney,
Pfrimmer,
Reno,
Richardson,
Rudder,
Sehmuck,
Shutt,
Smith,
Spell man.
Strange,
Teeter,
Tulley,
Whitworth,
Willard— 33.
So the report of the committee was concurred it.
The followiuo: message was received from the Senate bv the Secre-
tary thereof:
Mr, Speaker :
I am directed by the President of the Senate to inform the House
of Representatives that he has signed Enrolled Act of the House No.
95, entitled ^' An act authorizing cities and towns incorporated under
605
the authority of the State of Indiana to make and adopt a survey
and ph\t thereof, when there is no sufficient survey and plat
thereof, and to authorize such cities and towns to adopt any
survey and phit thereof already made," and declaring an emergency,
and the same has been delivered to the joint committee on enrolled
bills in compliance with the rules of both Houses.
Mr. Speaker :
I am directed by the Senate to inform the House that the Senate
has concurred in the engrossed amendments of the House to Senate
Bill No. 146.
Mr. Speaker:
I am directed by the Senate to inform the House that the Senate
has adopted the following concurrent resolution of the House to wit:
Whereas, The necessity exists for the building of a new State
Capitol for the State of Indiana; and,
Whereas, It is the duty of the General Assembly of this State,
to use all due diligence and economy in the construction of all pub-
lic buildings, therefore, be it
Resolved, That the General Assembly of the State of Indiana, do
hereby offer and award, the sum of one thousand dollars as a premium
ot any successful architect or architects, who will or may offer
and present to this General Assembly, any plans and speci-
fications that will be suitable and necessary for the con-
struction of a new State Capitol, and that such premium shall
only be paid to such architect or architects, whose plans and spec-
ifications may be finally adoptied by this or any future General
Assembly of the State; and be it further
Ecsolced, That a committee of five members of this General
Assembly be appointed, whereof three such members shall be from
the House, and two from the Senate, whose duty it shall be to cor-
respond with the leading architects of this country. And the com-
mittee is hereby empowered to receive any and all such plans and
fipeftifications as may be presented to them ; and that this committee
thereafter present all such plans and specifications to this General
Assembly, at or about the close of the next General Assembly, for
606
their inspection : Provided, however, tbat the State shall not be -
liable to any person or persons, for the payment of any plans and
specifications so furnished, except for such plans and specifications,
however, as may be finally adopted.
And the Senate has appointed as such committee on the part of
the Senate :
Messrs. Oliver and Scott.
The Speaker then appointed as such committee on the part of
the House :
Messrs. Branhara, Brett and Kimball.
The joint committee on enrolled bills submitted the following
report :
Mr. Speaker:
Your joint committee on enrolled bills, would report that they
have presented to the Governor enrolled House Act No. 95, entitled
*'An act authorizing cities and towns incorporated under thg
authority of the State of Indiana, to make and adopt a survey and
plat thereof, where there is no sufficient survey and plat thereof,
and to authorize such cities and towns to adopt any survey and plat
thereof, already made,'' etc.
Mr. Hedrick, from the committee on claims, submitted the
following report ;
Mr. Speaker :
The committee on claims to whom was referred the claim of
Newcomb, Mitchell & Kefccliam for $200, on account of legal
services, have had the same under consideration and recommend
that the same be allowed and referred to the committee on ways and
means atul incorporated in specific appropriations.
Which report was concurred in.
Mr. Hedrick, from the committee on claims, submitted the
following I'cport :
Mr. Si'Eaker :
The committee on claims to whom was referred the claim of the
607
Republican State Central Committee for $60.75, on account of rent of
rooms for the use of the committee during this session, have had the
same under consideration, and recommend that the same be allowed
and referred to the committee on ways and means, and incorporated
in specific appropriations.
"Which report was concurred in.
Mr. Dial, from the committee on claims, submitted the following
majority report :
Mk. Speaker:
The committee on claims to whom was referred the claim of John
H. Farquhar for §1,000 per year, for the years 1871 and 1872, on
account of incidental expenses of Secretary of State, have had the
same under consideration and recommend that the same be allowed
and referred to the committee of ways and means, and incorporated
in the specific appropriations.
Mr. Lenfesty submitted the following minority report :
Mr. Speaker:
The minority of your committee on claims to which was referred
the claim of John H. Farquhar for $2,000 for contingent expenses
in the office of Secretary of State, within and for the two years last
past, and upon which the majority of said committee report an allow-
ance for the entire sum, believe the same unjust and therefore recom-
mend that said claim be not allowed.
The question being, shall the minority report be substituted for
the majority report?
Whereupon Messrs. Lenfesty and Riggs demanded the ayes and
noes.
Those iclio voted in the affirmative were, 31essrs.
Anderson, Butts, Durham,
Barrett, Cauthorn, Edwards, of LawrencCj
Baxter. Clark, Ellsworth,
Billingsley, Claypool, Eward,
Broaddus, Cline, Furnas,
608
Gifford,
Givan,
Glasgow,
Glazebrook,
Goudie,
Hatch,
Hollingsworth,
Jones,
Kirkpatrick,
Lenfesty,
MoCoDnell,
Miller,
North,
Ogdcn,
Pfri miner,
Prentiss,
Rudder,
Scott,
Shutt,
Smith,
Spellman,
Strange,
1 eeter,
Thayer,
Troutman,
Wilson, of Blackford,
Willson, of Ripley,
Woodard— 43.
Those who voted in the iiegative were, Messrs.
CofFnian,
Crumpacker
Dial,
Hedrick,
Martin,
Richardson,
Riggs,
Shirley,
Tingley,
Thompson, of Spencer,
Willard,
Woollen, *
Wynn,
Thompson, of Klkhart,Mr. Speaker — 15.
Ss the minority report was substituted for the majority report.
Mr. Cobb moved to reconsider the vote just taken on substituting
the minority for the majority report.
Which motion prevailed.
Whereupon Mr. Cobb moved to lay the minority report on the
table.
Which motion prevailed.
The question being, shall the majority report be concurred in?
It was so ordered.
Mr. Dial, from the committee on claims, submitted the following
re])ort :
Mr. Speaker :
The committee on claims, to whom was referred the claims of
Tsaiah Donhan^ and others, committee on the aifairs of the
State Prison, on account of mileage amounting to the sum of
$]15 60 each, have had the same under consideration and recom-
mend that they be allowed .?oO each, and that the same be referred
609 .
to cominittee on ways and means and incorporated in specific appro-
priations.
Which report was concurred in.
I
Mr. Shutt, from the committee on claims, submitted the following
report :
Mr. Speaker :
The committee on claims, to whom was referred House Bill No.
67, entitled an act making an appropriation of four hundred and
thirteen thousand five hundred and ninety-nine dollars and fifty-
eight cents, to pay the claims of sufferers by the Morgan raid, have
had the same under consideration, and beg leave to report back the
same, and recommend that it lie on the table.
Which report was concurred in.
Mr. Shutt, from the committee on claims, submitted the following
report :
Mr. Speaker :
The committee on claims, to whom was referred the claim of John
G. Hanning for $51 50, on account of repairs, have had the same
under consideration, and recommend that the same be allowed and
referred to the committee on ways and means and incorporated in
specific appropriations.
Which report was concurred in.
INIr. Shutt, from the committee on claims, submitted the follow-
ing maj'irity report :
Mr. Speaker :
The committee on claims, to whom was referred the claim of B.
W. Hanna for $4,000, on account of extra services, have had the
same under consideration, and recommend that the same be allowed
and referred to the committee on ways and means and incorporated
in specific appropriations.
Mr. Lenfesty from the committee on claims submitted the follow-
ing \minority report.
H. J.— 39
610
Mr. Speaker ;
The minority of your committee on claims to which was referred
the claims of B. W. Hanna for |4,000, for extra services as Attorney
General of Indiana, within and for the two years last past, and upon
which the majority of said committee have reported an allowance of
the entire amount, believe the same to be unjust and unwarranted and
that the same should not be allowed, and therefore recommend that
said claims be not allowed.
E. S. LENFESTY.
Mr. Cobb moved that the minority report be laid upon the table.
"Which motion prevailed.
The question being shall the majority report be concurred in ?
Whereupon Messrs. Lenfesty and Riggs demanded the ayes and
noes.
Those, who voted in the affirmative were, Messrs.
Andei'sou,
Baxter,
Barrett,
Baker,
Biilingsley,
Blocher,
Brett,
Broaddus,
Cauthorn,
Claypool,
Cobb,
Coffman,
Crum packer,
Dial,
Durham,
Eaton,
Ellsworth,
Furnas,
Gifford,
Givan,
Glazebrook,
Goble,
Gregory,
Gronendyke,
Heller,
Henderson,
Hollingsworth,
Isenhower,
Kimball,
Martin,
McConnell,
McKinney,
Edwards, of Lawrence,Feed,
Pfrimmer,
Richardson,
Riggs,
Rudder,
Schmuck,
Shirley,
Sliutt,
Spellman,
Thayer,
Tliompson, of Elkhart,
Thompson, of Spencer,
Walker,
Whit worth,
Wilson,
Woliiin,
Woollen,
Mr. Speaker — 51.
Those who voted in the negative were, Afessrs.
Broddua,
Butterworth,
Clark,
611
Cline,
Lenfesty,
Teeter,
Eward,
Miller,
Tingley,
Glasgow,
North,
Troutman,
Goudie,
Prentiss,
Wesner,
Hai'desty,
Rumsey,
Wilson of Blackford,,
Hatch,
Scott,
Wood,
Jones,
Smith,
Wynu— 25
Kirkpatrick,
So the majority report was concurred in.
Mr, Walker moved to reconsider the vote just taken concurring
in the majority report.
Mr. Cauthorn moved to lay the motion to reconsider on the table.
The question being, shall the motion of Mr. Cauthorn to lay the
motion of Mr. Walker to reconsider the vote concurring in the
majority report, be laid on the table?
Whereupon Messrs. Miller and Walker demanded the ayes and
noes.
Tliose icho voted in the afHrraative were, 3fessrs.
Anderson,
Glasgow,
Richardson,
Baker,
Glazebrook,
Riggs,
Barrett,
Goble,
Rudder,
Bloeher,
Gregory,
Schmuck,
Branham,
Hedrick,
Shirley,
Cauthorn,
Heller,
Shutt,
Claypool,
Henderson,
Spollman,
Cline,
Isenhower,
Thompson, of Elkhart,
Coffman,
Martin,
Thompson, of Spencer,
Dial,
McConnell,
Tulley,
Durham,
McKinney,
Whitworth,
Eaton,
North,
Willard,
Ellsworth,
Peed,
Woollen,
Givan,
Pfrimraer,
Mr. Speaker — 42.
Those who voted in the negative were, J/es.srs.
Baxter,
Broaddus,
Butterworth,
Butts,
Cowgill,
Crumpaeker,
612
Edwards, of Lawrence, Kirkpatrick,
Eward,
• Lenfesty,
Furnas,
Mellett,
Gifford,
Miller,
Goudie,
Prentiss,
Gronendyke,
lieeves,
Hardesty,
Reno,
Hatch,
Rumsey,
Holliugsworth,
Satterwhite,
Johnson,
Scott,
Jones,
Smith,
Thayer,
Tingley,
Troutman,
Walker,
Wesner,
Wilson, of Blackford,
Wolflin,
Wood,
Wynn— 32.
So the motion of Mr. Cauthorn to lay the motion of Mr. Walker
to reconsider the vote concurring in the majority report on the table
was concurred in.
On motion of Mr. Kimball,
House Bill No. 259 was taken up.
Mr. Kimball offered the following amendment:
Strike out from the specific appropriation bill the allowance made
to the Secretary of the Senate and Clerk of the House.
Which amendment was adopted and the bill read a second time,
considered as engrossed and recommitted tc the committee on ways
and means.
Mr. Cauthorn offered the following resolution :
Eesolved, That Cyrus T. Nixon, Principal Clerk, and Moses Q.
McLuin, Assistant Clerk of the House of Representatives, be each
allowed the sum of $200 for indexing, correcting proof, and prepar-
ing abstracts for the House Journal of the special session 1872,
including the filing of all bills remaining in the hands of the Clerk
of the House preparatory for action at the regular session of the
General Assembly in January, 1873, and that the Speaker of the
House be and he is hereby authorized to issue his warrant on the
Auditor of State for said amount, to be paid out of any money here-
tofore appropriated for legislative purposes.
Which resolutions was adopted.
Mr. Miller moved to reconsider the vote by which the claim of
Theodore W. McCoy was not allowed.
Which motion was prevailed.
613
Messrs. Cauthorn and Shirley demanded the ayes and noes.
The question being, shall the majority report be concurred in ?
Those who voted in the affirmative were, Mess7'S.
Anderson,
Baker,
Biliingsley,
Cobb,
CofFman,
Cowgill,
Durham,
Heller,
Hollingsworth,
Iseiihower,
Johnson,
Kimball,
King,
Kirkpatrick,
Edwards, of Lawrence,Miller,
Gifford, North,
Givun, Ogden,
Gronendyke, Peed,
Hatch, Reno,
Reeves,
Riggs,
Satterwhite,
Thayer,
Tingley,
Thompson, of Spencer,
Whitworth,
Willard,
Wolflin,
Wynn,
Mr. Speaker — 55.
Those who voted in the negative were, 3fessrs.
Baxter,
Glazebrook,
Rumsey,
Bowser,
Gregory,
Sehmuek,
Branhara,
Henderson,
Scott,
Brett,
Hoyer,
Shutt,
Broaddus,
Jones,
Smith,
Butterworth,
Lenfesty,
Spellman,
Cauthorn,
Martin,
Strange,
CJine,
McConncll,
Teeter,
Crumpacker,
McKinney,
Thompson, of Elkhart,
Dial,
Pfrimmer,
Troutman,
Eaton,
Prentiss,
Wesner,
Eward,
Reno,
Wilson, of Blackford,
Furnas,
Rudder,
Wood— 40.
Glasgow,
So the majority report was not concurred in.
The special order being the consideration of House Bill No. 261
in the committee of the whole House, the Speaker called Mr.
Cauthorn to the Chair.
614
After some time spent in the committee of the whole House the
oommittee rose and reported progress.
Whereupon Mr. Cauthorn, chairman of the committee of the
whole House, made the following report :
Me. Speaker :
I am directed by the committee of the whole House to report that
said committee has had under consideration House Bill No. 261, and
respectfully ask that the further consideration of the same be post-
poned during this session, and the committee ask to be discharged
from the further consideration thereof.
Which report was concurred in.
On motion,
The House adjourned until to-morrow morning at 9 o'clock.
615
FRIDAY MORNING.
December 20, 1872, 9 o'clock.
The House met pursuant to adjournment with the Speaker in the
chair.
The Journal of yesterday was read in part, when.
On motion of Mr. Kimball,
The further reading of the sa'me was dispensed with.
Mr. Kimball, chairman ot the committee on ways and means,
iubmitted the following report :
Mr. Speaker:
The committee on ways and means to whom was referred House
iill No. 259 with instructions to incorporate therein certain
aiendments, have had the same under consideration and direct me
t) report it back, recommending its passage as amended.
Mr. Hardesty moved that the House do now preceed to the
onsideration of House Bill No. 259 in committee of the whole
louse.
Which motion prevailed. "
Whereupon, the Speaker called Mr. Cauthorn to the chair.
Ifter some time spent in the committee of the whole House the
CQmittee rose and reported progress.
/hereupon, Mr. Cauthorn, chairman of the committee of the
wile House, the committee made the following report :
Ml Speaker :
'46 committee of the whole House to whom was referred House
616
Bill No. 259, have directed me to report the same back to the House
without recommendation.
Which report was concurred in.
Mr. Kimball offered the following amendment :
Sec. 37. That Julius Boetticher be allowed the sum of $108.15 for
three hundred and nine copies of the Weekly Volkshlat furnished the
members of the extra session, at seven cents per copy, wrapped and
stamped.
Which was adopted. '
The bill as amended was then read a third time and put upon its
passage.
The question being, shall the bill pass? /
TJiose who voted in the affirmative were 3Tessrs.
I
Anderson,
Gifford,
Ogden, j
Baxter,
Givan,
Peed,
Biilingsley,
Glasgow,
Reno,
Blocher,
Goble,
Riggs,
Branham,
Gronendyke,
Rudder,
Brett,
Hedrick,
Shirley,
Butts,
Heller,
Spellman,
Cauthorn,
Henderson,
Strange,
Clark,
Hoyer,
Thayer,
Oline,
Isenhower,
Tingley,
Cobb,
Kimball,
Thompson, of Elkhart
Coffman,
King,
Thompson, of Spence:
Cole,
Lenfesty,
Walker,
Dial,
Martin,
Wesner, 1
Eaton,
McKinney,
Whitworth, j
Edwards, of Lawrence,Mellett,
Wolflin,
Ellsworth,
North,
Mr. Speaker — 51,
Those who voted in the negative were, Messrs.
Bowser,
CI ay pool.
Durham
Broaddus,
Cowgill,
Eward,
Butterworth,
Crumpacker,
Furnas,
617
Glazebrook,
Goudie,
Gregory,
Hardesty,
Hatch,
HoUingsworth,
Johnson,
Jones,
Kirkpatrick,
McConnell,
So the bill passed.
Miller,
Odle,
Pfrimmer,
Prentiss,
Richardson,
Rurasey,
Satter white,
Schmuck,
Scott,
Shutt,
Smith,
Teeter,
Troutraan,
Tulley, * .
Willard,
Wilson, of Blackford,
Wilson of Ripley,
Wood,
Woollen— 39.
The question being, shall the title as read stand as the title of the
bill ?
It was so ordered.
The following message was received from the Senate, by the Sec-
retary thereof:
Mr. Speaker :
I am directed by the Senate to inform the House that the Senate
has passed the following engrossed bill thereof, to wit :
Engrossed Senate Bill No. 166, entitled "An act regulating the
sale of county property, and the letting of public buildings, bridges,
fences and monuments."
Also, Engrossed Senate Bill No. 48, entitled " An act to amend
section 1, 7 and 8 of an act entitled ' An act to establish a hou^e for
the maintenance of sick and disabled Indiana soldiers and seamen
and their orphan children and M'idows,' " approved March 11,
1867, and section 2 of an act supplemental thereto, approved May
14, 1869.
Also, Engrossed Senate Bill No. 15, entitled "An act to authorize
cities and towns to negotiate and sell bonds, to procure means
with which to erect and complete unfinished school buildings, and
pay debts contracted therefor," etc., " to authorize the levy and
collection of an additional special school tax, for the payment of
such bonds," and declaring an emergency.
618
Also, Engrossed House Bill No. 227, entitled "An act provid-
ing for the payment to Township Trustees, of all moneys which
shall have been collected irom townships for State and county reve-
nue, and prescribing punishment of officers failing to comply with
the requirements hereof, repealing all laws inconsistant therewith,"
and declaring an emergency.
Also, Engrossed Senate Bill No. 165, entitled "An act to regu-
late certain matters of Legislative practice in the tv/o Houses of the
General Assembly of the State of Indiana,"
Also, I am directed by the Senate to inforra the House, that the
Senate has passed Senate Joint Resolution No. 3, entitled "A Joint
Resolution instructing our Senators in Congress to support an act
pending in the Senate of the United States. • :
Mr. Giffbrd presented petitions from sundry citizens of the State,
praying for the enactment of a law providing for the health and
safety of persons engaged in the coal mines of Indiana.
Which were referred to the committee on rights and privileges.
SPECIAL ORDER.
The special order being, the consideration of Senate Bill No. 54,
the same was taken up, read a third time, and put upon its pass-
age.
Whereupon, Mr. Cauthrn moved a call of the House.
Those who ansioered to their names loere, Messrs.
Anderson,
Barrett,
Baxter,
Billingsley,
Blocher,
Bowser,
Branham,
Brett,
Broad d us,
Butterworth,
Butts,
Cauthorn,
Clark,
Claypool,
Cline,
Cobb,
Coif man.
Cole,
Cowgill,
Crumpacker,
Dial,
Durham,
Eaton,
Ellsworth,
Eward,
Furnas,
Gifford,
Givan,
Glasgow,
Glazebrook,
Goble,
Goudie,
Gregory,
Groneudyke,
Edwards of Lawrence,Hardesty,
619
Hatch, ■ Peed,
Hedrick, Pfrimraer, '
Heller, Prentiss,
Henderson, Reeves,
Hollingsworth, E.eno,
Hover, Richardson,
Johnson, Riggs,
Jones, Rudder,
Isenhower, Rumsey,
Kimball, Satterwhite,
King, Schmuck,
Kirkpatrick, Scott,
Lenfesty, Shirley,
Lent, Shutt,
Martin, Smith,
North, Spellman,
Odle, Strange,
Ogden,
On motion of Mr, Ogden,
Further proceedings under the call were
The question being, shall the bill pass ?
Teeter,
Thayer,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Tulley,
Walker,
Wesuer,
Whitworth,
Willard,
Wilson, of Blackford
Willson, of Ripley,
Wolflm,
Wood,
Wynn,
Mr. Speaker— 92.
dispensed with.
Those who voted in the affirmative
Baxter, Hardesty,
Billingsley, Hatch,
Broaddus, Hedrick,
Butterworth, Hollingsworth,
Butts, Johnson,
Clark, Kimball,
Cobb, Kiog,
Cole, Kirkpatrick,
Cowgill, Lenfesty,
Crumpacker, Lent,
Edwards, of Lawrence,Mellett,
Eward, Miller,
Furnas, North,
Gifford, Odle,
Glasgow, Ogden,
Goudie, Prentiss,
Gronendyke, Reeves,
toere, Messrs.
Riggs,
Rumsey,
Satterwhite,
Scott,
Thayer,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Walker,
Wesner,
Wilson, of Blackford,
Willson, of Eipley,
Wolflin,
Wood,
Wynn,
Mr. Speaker — 5L
620
' Those who voted in the negative were, Messrs. . ■'
Anderson, Givan, Reno,
Barrett, Glazeorook, Richardson,
Blocher, Goble, Rudder,
Bowser, Gregory, ' Schmuck,
Branliam, Heller, Shirley,
Brett, Henderson, Shutt,
Cauthorn, Hoyer, Smith,
Clayjjool, Isenhower, Spell man,
Cline, Jones, Strange,
Coffman, Martin, Teeter,
Dial, McConnell, Tulley,
Durham, McKinney, Whitworth,
Eaton, Pfrimmer, Willard — 40.
Ellsworth,
So the bill passed.
The question being, shall the title as read stand as the title of the
bill?
It was so ordered. *
Mr. Walker moved to reconsider the vote on the passage of
Senate Bill No. 54,
Mr. Cobb moved to lay the motion of Mr. Walker on the table.
The question being, shall the motion of Mr. Walker to recon-
sider the vote on the passage of Senate Bill No. 54 be laid the table ?
Whereupon, Messrs. Cauthorn and Smith demanded the ayes and
I'hose %oho voted in the affirmative were, 3Iessrs.
Baxter, Cobb, Gifford,
Billingsley, Cole, Glasgow,
Broaddus, Cowgill, Goudie,
Butterworth, Crumpacker, Gronendyke,
Butts, Edwards, of Lawrence,Hardesty,
Clark, ■ ■ Eward, Hatch,
Cline, Furnas, Hedrick,
621
Hollirigsworth,
Odle,
Thompson, of Elkhart,
Johnson,
Ogden,
Thompson, of Spencer^
Kimball,
Prentiss,
Troutman,
King,
Reeves,
Walker,
Kirkpatrick,
Riggs,
"Wilson, of Blackford,
Lenfesty,
Rumsey,
Willson, of Ripley,
Lent,
Satterwhite^
Woolflin,
Mellett,
Scott,
Wood,
Miller,
Thayer,
Wynn,
North,
, Tingley,
Mr. Speaker— 52.
TJiose who voted in the negative were, 31essrs.
Anderson,
Baxter,
Blocker,
Bowser,
Branham,
Brett,
Cauthorn
Clay pool,
Coifraan,
Dial,
Durham,
Eaton,
Ellsworth,
Givan,
Glazebrook,
Gouble,
Gregory,
Hefler,
Henderson,
Hoyer,
Isenhower,
Jones,
Martin,
McConnellj
McKinney,
Peed,
Pfrimnier,
Reno,
Rudder,
Sell muck — 30.
So the motion of Mr. Walker to reconsider the vote on the
passage of Senate Bill No. 54, was laid on the table.
On motion of Mr. Lenfesty,
The Senate message, in relation to Senate Bill No. 145, was taken
up.
The question being, shall the House recede from its former action ?
The House did not recede.
The question being upon the appointment of a conference com-
mittee.
Whereupon the Speaker appointed Messrs. Wilson, of Ripley,
and Peed as such committee.
Mr. Mellett moved to instruct the State Librarian to carry out
the instructions of the committee on ventilation, which were
622
adopted by the Hduse, in properly ventilating and warming the
Hall of the House for the regular session.
Which motion prevailed, and it was ordered that the State Libra-
rian be so instructed.
Senate Joint Resolution No. S v/as taken up. A joint resolution
instructing our Senators in Congress to support an act pending in the
Senate of the United States :
Whereas, the House of Representatives of the United States
have passed an act entitled " An act to enable honorably discharged
soldiers and sailors, their widows and orphan children to acquire
homesteads on the public lands of the United States," and,
Whereas, The act is now^ pending in the United States; there-
fore, be it
Resolved by the General Assembly of the State of Indiana, That
our Senatoi's in Congress be instructed to vote for and to make all
proper exertion to procure the passage of said act through the
Senate of the United States.
Resolved, That His Excellency, the Governor, be requested to
transmit a copy of this joint resolution to each of our Senators in
Congress.
Which joint resolution was read and put upon its passage.
The question being, shall the Senate Joint Resolution pass?
Those who voted in the affirmative were, Messrs.
Anderson,
Barrett,
Baxter,
Biiliiigsley,
Blocher,
Bowser,
Branham,
Broaddus,
Biitts,
Cauthorn,
Ciark,
Claypool,
Cline,
Cobb,
Coifnian,
Cole,
Cowgill,
Crurapacker,
Eaton,
Givan,
Glasgow,
Glazebrook,
Goble,
Goudie,
Gregory,
Hardesty,
Hatch,
Edwards, of Lawrence, Hedrick,
Evvard, Henderson,
Furnas, Hollingsworth,
623
Isenhower,
Johnson,
Jones,
Kimball,
King,
Kirk[>atrick,
Lenfesty,
Martin,
McConnell,
McKinney,
Mellett,
Miller,
North,
Odle,
Otidcn,
Pfrimmer, ^
Prentiss,
Reeves,
Reno,
Riggs,
Rudder,
Ramsey,
Satterwhite,
Schmuck,
Scott,
Shirley,
Shutt,
Smith,
Spellman,
Strange,
Teeter,
Thayer,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutmau,
Tulley,
Walker,
Wesner,
Whitworth,
Willard,
Wilson, of Blackford,
Wood,
Wynn,
Mr. Speaker — 78.
No one voting in the negative.
So the Senate Joint Resolution passed.
The question being, shall the title as read stand as the title of the
Senate Joint Resolution?
Whereupon, Mr. Givan offered the following amendment to the
bill:
"To enable honorably discharged soldiers and sailoi's, their
widows and orphan children, to acquire homesteads on the public
lauds of the United States."
Which amendment was adopted.
The question being, shall the bill, as amended, stand as the title
of the Senate joint resolution?
It was so ordered.
Mr. Cautliorn was called to the chair b}' the Speaker.
Senate Bill aSo. 150 was taken up.
'* A bill to legalize taxes heretofore levied for purposes of tuition
by the school trustees of any of the incorporated cities of this State,
and authorize the collection of the same dnd declaring an emergency."
Which bill was read a first time.
624
Mr. Kirkpatrick moved to suspend the constitutional rule, have
the bill read a second time by title^ read a third time by sections,
and put upon its passage.
The question being, shall the constitutional rule be suspended?
Those who voted in the affirmative were, Messrs.
Baxter,
Butts,
Cauthorn,
Clark,
Clay pool,
Coffman,
Cole,
Cowgill,
Edwards, of La wren
Furnas,
Gilford,
Glazebrook,
Goudie,
Hardesty,
Hatch,
Hedrick,
Henderson,
Hollingsworth,
Hoyer,
Johnson,
King,
Kirkpatrick,
Lenfesty,
Lent,
e, Martin,
Mellett,
Miller,
North,
Ogden,
Prentiss,
Reeves,
Reno,
Riggs,
Rumsey,
Satterwhite,
Schmuck,
Shutt,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Tulley,
Wesner,
Wilson of Blackford,
Wood,
Wynn — 47.
Those who voted in the negative were, Messrs.
Barrett, Givan, Rudder,
Bowser, Gregory, Smith,
Butterworth, Gronendyke, Spellman,
Cline, Jones, ' Teeter,
Dial, McConnell, Whitworth,
Durham, McKinney, Willard— 19.
Eaton,
So the constitutional rale was not suspended, for want of a quorum
of the House voting.
Engrossed Senate Bill Ko. 16G was taken up. An act regulating
the sale of county property, and the letting and building of public
buildings, and bridges, fences and monuments^, and declaring an
emergency. *
Which bill was read a first time.
G25
Mr. Edwards, of Vigo, raoved {bat the constitutional rule be sus-
pended, the bill read a second time by its title, read a third time hj
sections, and put upon its passage.
The question being, shall the constitutional rule be suspended ?
TJiose who voted in tlie affirmative were, llessrs.
Barrett,
Baxter,
Billing.sley,
Bloeher,
Bowser,
Branham,
Brett,
Broaddus,
Butter worth.
Butts,
Cau thorn,
1' lay pool,
Cline,
Cofiiiian,
Cole,
Cowgill,
Crumpacker,
Dial,
Durham,
Eaton,
Edwards, of Law
Ellsworth,
Ewai'd,
Fur •
Gilford,
Givau,
Glazebrook,
Goble,
Goudie,
Gronendyke,
Hardesty,
Hatch,
Tied rick,
Heller,
Henderson,
HoUiugsworth,
H'jyer,
IsenliOwer,
J<»linson,
Jones,
Kimball,
King,
Len testy,
Lent,
Martin,
McCounell,
MeKinney,
rence,Mellett,
Miller,
North,
Odle,
Ogdcn,
Pfrimmer,
Prentiss,
Rfeves,
Reno,
Riiitgs,
Rudder,
Rumsey,.
Satterwhitc,
Schmuck,
Shirley,
Shutt,
Smith,
Spell man,
Strange,
Teeter,
Thayer,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Tuilev,
Wesner,
Whirworth,
Willard,
Wilson, of Blackford,
Wolflin,
Wood,
\\'ynn
Mr. Speaker — 81.
No one voting in the negative.
So the constitutional rule was suspended and the bill read a second
time.
Whereupon, Mr. Edwards of Vigo, offered the following amend-
ment.
H. J.— 40.
626
Amend as follows, by adding the word ^'not" after the word "shall"
where it occurs in the first line of 5th section.
Add the word "responsible" after the word "lowest" where it
occurs in section 3.
Which amendment was adopted.
The bill as amended was read a third time by sections and put
upon its passage.
The question being, shall the bill pass?
Those who voted in the afirmative were, Me-ssrs.
Barrett,
Baxter,
Billingsley,
Bowser,
Branham,
Brett,
Broaddus,
Butter worth,
Butts,
Cauthorn,
Clay pool,
Cline,
Coil man,
Cole,
Cowgill,
Crurapacker,
Dial,
Durham,
Eaton,
Edward.e, of L
Ellsworth,
Eward,
Furnas,
Gifford,
Givan,
Glasgow,
Glazebrook,
Goble,
Goudie,
Gregory,
Gronendyke,
Hardesty,
Hatch,
Hedrick,
Heller,
Henderson,
HoUingsworth,
Hoyer,
Isenhower,
Johnson,
Jones,
Kimball,
King,
Kirkpatrick,
I^nfesty,
Martin,
McConnell,
awrence,McKinney
Mellett,
Miller,
North,
Odle,
Ogden,
Pfrimmer,
Prentiss,
Beeves,
Eeno,
Biggs,
Rudder,
Rumsey,
Satterwhite,
Schmuck,
Shirley,
Shutt,
Smith,
Spellman,
Strange,
Teeter,
Thayer,
Tingley,
Thom[)son, of Elkhart,
Thompson, of Spencer,
Troutman,
Tulley,
Walker,
Wesner,
Whit worth,
Willard,
Wilson, of Blackford,
Wilson, of Ri]>ley,
WooU'^n,
Wynn,
Mr. Speaker. — 81.
627
!No one voting iu the Degative.
So the bill passed.
The qut^stiou l>eing, shall the title as read stand as the title of the
Mil?
It was to ordered.
The following message was received from the Senate by Secretary
•thereof.
Mr. Speaker :
I am directed by the Senate to herewith transmit to the House ol
Representatives, for the signature of the Speaker thereof,
Enrolled Act of the Senate No 87. An act granting the consent
of the State of Indiana to the purchase by the United States of
certain lands for the purpose of the erection of a public building at
Evansville, and ceeding jurisdiction over the same, and declaring
an emergency.
Also, Enrolled Senate Bill No. 3. Entitled an act to amend
section four of an act entitled "An act concerning the organization
and perpetuity of voluntary associations, and repealing an act enti-
tled 'An act concerning the organization of voluntary associations
and repealing former laws in reference thereto,' approved February
12, 1855, and repealing each act repealed by said act and authorizing
gifts or devises by will, to be made to any corporation or purpose
contemplated by this act," approved February 20, 1867, and declar-
ing an emergency.
Mr. Speaker :
I am directed by the Senate to inform the House that the Senate
has passed the following bill thereof, to wit :
Engrossed Senate Bill No. 57. An act fixing, the time of
holding the Court of Common Pleas in Ripley county in the
Twenty-second Judicial District of this State and declaring aa
emergency.
Engrossed Senate Bill No. 151 was taken up. An act to amend
628
the first section of an act, entitled as follows: " An act to, amend'
the first section of an act, entitled * An act for the incorporation of
manufacturing^ and mining companies for mechanical, chemical and
building parposes/ a])proved May 20, 1852, 'so as to provide for
the incorporati')n of companies to furnish motive power to carry on
sucli business or to supply any cicy or village with water/ approved
March 11, 1861, 'so a-i to authorize and provide for the incorpora-
tion of union stock yards and transit companies, and also tO'
authorize and provide for the incorporation of grain elevator
companies, and legalizing the incorporation of any grain elevator
companies already formed, or attempted to he formed under the act
to which this is an amendment, and declaring an emergency.'"
Which bill was I'ead a first time.
Mr. Billingsley moved that the constitutional rule be suspended
the bill be read a second time by its title, read a third time hy
sections and ])ut upon its passage.
The question being, shall the constitutional rule be suspended:.
77io.se wlio voted in the ajfirmative were, Messrs.
Billingsley,
Blocher,
Branhani,
Brett,
Broaddus,
Butterworth,
Can thorn,
Clark,
Claypool,
Cline,
Cobb,'
Coffman,
Cowgill,
Crumpacker,
Durham,
Eaton,
P^d wards, of Law
Ellsworth,
Eward,
Furnas,
Gilford,
Glasgow,
Glazebrook,
Goble,
Goudie,
Gregory,
Gronendyke,
Hardesty,
Hatch,
He<lrick,
Henderson,
HoUingsworth,
Hoyer,
Isenhower,
Johnson,
Kimball,
rence,King,
Kirkpatrick,
Lenfesty,
Lent,
Martin,
McConnell,
Mclvinney,.
Mellett,
Miller,
North,
Odle,
Ogden,
Pfrimmer,.
Prentiss,
Reeves,
Reno,
Riggs,
Rudder,
Rumsey,
SatterwhitGy
Schmuck,
Scott,
Shirley,
Shu It,
629
Smith, Troutman,
Spell man, Walker,
Strange, Wesiier,
Thayer, Whitworth,
Thompson, of Elkhart,Willard,
Thompson, of Spencer,
Wilson, of Blackford,
Wolflin,
Wood,
Wynn
Mr. Speaker— 74.
Those who voted in the negative were, Messrs.
Baxter,
Bowser,
Giflford,
Givan,
Teeter,
Tingley — 6.
So tlie constitutional rule was suspended, the bill read a second
time by its title, a third time by sections and put upon its passage.
The question being, shall the bill pass ?
Tliose who voted in the affirmative were, Messrs.
Billingsley,
Blecher,
Bowser,
Branhani,
Brett,
Broaddus,
Butterworth,
Cau thorn,
Clark,
Claypool,
Cline,
Coif man,
Cole,
Cowgill,
Crumpacker,
Eaton,
Heller,
Henderson,
HoUingsworth,
Hoyer,
Ispuhower,
Johnson,
Jones,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lent,
Martin,
McConnell,
McKinney,
Mellett,
Edwards, of Lawrence,Miller,
EllsNvorth, North,
Furnas, Odle,
Gifford, Ogden,
Gronendyke, Pfrimmer,
Hatch, Prentiss,
Hedrick, Reeves,
Reno,
Riggs,
Rudder,
Rumsey,
Satterwhite,
Schmuck,
Shirley,
Shutt,
Smith,
Spell man,
Strange,
Teeter,
Thayer,
Thompson, of Spencer,
Troutman,
Walker,
Wesner,
Whitworth,
Willard,
Wilf^on, of Blackford,
Wolflin.
Wood,
Wynn— 69.
630
Those who voted in the negative were, Messrs.
Isenhower, Tingley, Tulley — 4.
Eward,
So the bill passed.
The question being, shall the title as road stand as the title of tb&
bill?
It was so ordered, ~ ,
The Speaker announced that he had signed Enrolled Senate Act-
No. 3.
Also, Enrolled iSenate Act No. 87,
The following message was received from the Senate, by the Secre-
tary thereof:
Me. Speaker:
I am directed by the Senate to inform the House of Representa-
tives that the Senate hjis passed the following engrossed bill of the
House, to wit :
Engrossed House Bill No. 148. A bill defining certain felonies,,
and prescribing punishment therefor, compelling the testimony of
parties engaged therein against others than themselves, declaring
contracts with respect thereto void, and repealing all acts in conflict
with this act, with the accompanying engrossed amendments.
The following message was received irnni the Senate, by the Secre-
tary tiiereof:
Mr. Speaker :
I am directed by the Senate to inform the House that the Senate
has refused to concur in tlie House amendments to Senate Bill No,
1G6, and respectltilly ask tlie appointment of a committee a confer-
ence committee; and that the Spuate hasa])pointed Messrs. Scott and
Daggy as such committeeon the part of the Senate.
The following message was received from the Senate by the Sec-
retary thereof:
631
Mr. Speaker :
I am directed by the Seoate to herewith transmit to the House
of Representatives, for the signature of the Speaker thereof, enrolled
act of Senate No. 146, entitled " An act to fix the number of Sena-
tors and Rej)resentatives to the General Assembly of the State of
Indiana, and to apportion the same smong the several counties of
the State, and declaring an emergency."
The message of the Senate in relation to House bill No. 166 was
taken up.
The question being, shall the House recede from its former action ?
The House did not recede.
Whereupon, the Speaker announced Messrs. Baxter and Walker
as such committfe, on the part of the House, to confer \vith a similar
committee appointed by the Senate, in relation to House bill No.
166.
The joint committee on enrolled bills submitted the following
report :
Me. Speaker :
The committee on enrolled bills have had Senate Bill Nu. 146,
*' An act to fix the number of Senators and Representatives to the
General Assembly of the State of Indiana, and to apportion the same
among the several counties of the State, and declaring an emer-
gency," under consideration, and find the same correctly enrolled.
By consent of the House, House bill No. 200 was taken up.
Whereupon, Mr. Lenfesty, from the committee on federal rela-
tions, submitted the following report :
Mr. Speaker :
Your committee to which was referred House Bill No. 200, report
the same back, with the following amendment : " Provided, farUier,
That the provisions of this act shall apply only to counties in wliich
the commissioners, under instructions by popular ballot, have actually
heretofore prepared bonds for the, or a part of, the persons to be
632
benefitted by this act within tlieir county, and whore such bonds
were afterwards destroyed before delivery to the parties for whom
they were intended." And after such amendment shall have been
adopted, your committee recommend its passage.
Which report was concurred in.
Mr. Mellett moved to suspend tlie constitutional rule, have the bill
read a second time by its title, read a third time by sections, and put
upon its passage.
The question being, shall the constitutional rule be suspended?
2 hose who voted in the affirmative were, Messrs.
Baxter,
Billingsley,
Bran ham,
Broaddus,
Butterworth,
Butts,
Cauthorn,
Clark,
Clay pool,
Cline,
Cobb,
Coffman,
Cole,
Covvgill,
Crumpacker,
Dial,
Eaton,
Eward,
Furnas,
Gifford
Givan,
Glasgow,
Glazebrook,
Goudie,
Gronendyke,
Hardesty,
Hatch,
Hedrick,
Heller,
Henderson,
Hollingsworth,
Jones,
Kimball,
King,
Kirkpatrick,
Lenfesty,
Lent,
Martin,
McConnell,
McKinney,
Mellett,
Miller,
North,
Odle,
Ogden,
Pfrimmer,
Prentiss,
Reeves,
Reno,
Riggs,
Rudder,
Rumsey,
Satterwhite,
Schmuck,
Scott,
Shirley,
Spellmau,
Strange,
Teeter,
Thayer,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Walker,
W^llard,
Wilson, of Blackford,
W^olHin,
W^ood,
Wynn,
Mr. Speaker — 71.
Messrs. Barrett and TuUey voting in the negative.
So the constitutional rule was suspended, the bill read a second
time by title, read a third time by sections, and put upon its passage.
633
The question being, shall the bill pass ?
Pending which,
On motion of Mr, Branhara,
The House adjourned until 2 o'clock P. M.
AFTERNOON SESSION, 2 o'CLOCK.
The House met pursuant to adjournment with the Speaker in the
chair.
House Bill No. 200 pending, the consideration of which the
House adjourned this afternoon, was taken up, and by consent of the
House was continued on file without further action.
Mr, Peed, from the committee of conference, appointed by the
House, submitted the following report :
Me. Speaker :
The conference committee on the part of the House of Representa-
tives and Senate appointed to consider Bill No. 145, and the Hoi;se
amendments thereto, being and act in relation to the organization of
the two Houses of the General Assembly, prescribing the number
of officers and employes of each House, and regulating their duties,
have had the same under consideration and would recommend that
the House recede from all amendments to said bill with the excep-
tion of the two amendments to section two of said bill.
Which report was concurred in.
Mr. Peed was called to the chair by the Speaker.
House Bill No. 148 was taken up, and the following amendments
proposed by the Senate were read:
Engrossed amendments of the Senate to House Bill No. 148. '
Page one, line three, after the word ''and" insert the words
" State officer."
634
Page one, line four, after the word " township," insert the words
**or town."
Page one, line five, after the word '' any," insert the words " town
or." Also, in same line, after the word " city," insert the words
" their appointees or agents, or any person holding any appointing
power."
Page one, line nine, after the word "office," insert the words "or
hold such appointing power."
Page two, line two, after the word " any,'' insert the words " State
House."
Page two, line five, after the word "of," insert the words "the
State or." Also, in same line, after the word " township," insert the
word "town." Also, in same line, after the word " State," insert
the words "in which he exercises any official jurisdiction."
Page two, line seven, after the word "profit," insert the words
"or money."
Page two, line ten, after the word "contract," insert the words
"or making any appointment." Also, in same line, after the word
"'wherein," insert the words "the State or."
Page two, line eleven, after the word "township," insert the word
"town."
Page three, line three, strike out the word " ©ne," and insert the
word " three."
Page three, line four, after the word "and," insert the words "to
which may be added."
Page three, line ten, after the word "any," insert the. words
"Statue officer."
Page four, line one, after the word "township, insert the words
"or town."
Page lour, line four, after the word "office," insert the words
"or appointment or agency."
Page four, line seven, after the word " any," insert the words
" State House."
Page four, line elev>;n, after the word "use," insert the words "of
the State or." Also, in same line, after the word " or," insert the
word " town."
635
Page five, line one, before the word "city," insert the word "or."^
also in same line, after the word "State," insert the words "over
■which such person has any official jurisdiction."
Page five, line four, after the word "any," insert the word
" money."
Page ,five, line eight, strike out the Avord " one," and insert the
word " three."
Page five, line nine, after the word "and," insert the words "to
which may be added."
Page six, line three, after the last word "any" in said line, insert
the words " State officer, or appointee or agent of the same, or."
Page six, line four, after the word "township," insert the word
" town." Also, in same line, after the word "city," insert the words
" or appointee of the same."
Page six, line six, after the word " said," insert the word " State.'^
Also, in same line, after the word "township," insert the word
"town."
Page six, line seven, after the word " thereof," insert the words
" or appointee or agent therein named."
Which amendments were adopted.
On motion of Mr. King,
House Bill No. 100 was taken up and read a second time.
Mr. Smith offered the following amendments:
Section four be amended to read as follows :
It shall be their duty to examine the property sought to be ap-
propriated, and estimate its value; and they shall also view the real
estate along the line of said street proposed to be altered or widened
or opened, and shall assess damages and benefits so far as, in their
judgment, the proposed alteration, widening or opening shall effect
the whole street; but they shall not assess damages and benefits off
of the line of the said street. They shall also consider anel deter-
mine what part of any of the expenses of such changes or improve-
ment ought to be pai<l out of the general fund of the city. They
shall assess upon each lot of land belonging to the same person, the
damages alone thereto, and shall also assess the value of real estate
636
actually apport-'oned, aud the benefits to the part, if any there be of
any lot or parcel of laud not taken.
Section 9 be amended to read as follows :
" Sec. 9. It shall be the duty of the City Clerk to deliver a
certified copy of said report, as provided in the preceding section, to
the City Treasurer, and to copy the entire report into the records of
the Common Council, and to carefully file and preserve the original.
The benefits shall be a complete and valid lien upon the real estate,
described as assessed, from and after the time the aforesaid resolution
is adopted, accepting such report and filing a copy thereof in the
office of the county, and said lien shall be valid and enforceable
against subsequent purchases, and shall have priority over all other
liens except those for State taxes."
Which amendments were adopted.
Mr. King moved that the constitutional rule be suspended, the
bill read a third time and put upon its passage.
Whereupon Mr. Givan moved that the bill and the amendments
be laid upon the table.
Which motion prevailed.
On motion of Mr. Schmuck,
Engrossed House Bill No. 230, was taken up, and read a third
time.
Mr. Cauthorn moved that the bill be recommitted to the committee
on conmierce and manufactures.
Mr. Wolflin moved to lay the motion of Mr. Cauthorn to re-
commit said bill on the table.
Which motion prevailed.
The question being shall the bill pass?
Those ivJio voted in the affirmative were, Messrs.
Barrett,
Bowser,
Clark,
Baxter,
Broaddus,
Claypool,
Billingsley,
Butts,
Cole,
637
Cowgill,
Crunij^acker,
Dial,
Ed wards, of Law
Ellsworth,
Ewnrd,
Furnas,
Gilford,
Givau,
Glazebrook,
Goble,
Gondie,
Gronondyke,
Hardesty,
Hatch,
Hedrick,
Heller,
Hollingsworth,
Hoyer,
Jones,
King,
Kirkpatrick,
reuce,Lenlesty,
Lon ,
Martin,
McCoiinell,
Mellett,
Miller,
North
Odle,
Ogden,
Pfrimmer,
Prentiss,
Reeves,
ECTIO,
Riggs,
Rudder,
Rumsev,
Satterwhite,
Sclirauck,
Seott,
8hirlev,
Spell man,
Teeter,
Tiia\er,
Tiugley,
Thompson, of Elkhart-.
Thompson, of Sjjeneer^^
Troutman,
AValker,
Wesner,
Wilson, of Blackford^
Willson, of Ripley,
Woltlin,
Wood,
Wynn,
Mr, Speaker — G7.
Cauthorn,
Durham,
Cline,
Eaton,
CotFman,
Peed,
Those, loho voted in the negative were. Messrs.
Willai-d,
Woollen-
So the bill passed.
The question being, shall the title as read stand as the title of the
bill ?
Whereupon ^Ir. Miller oifered the following amendment:
An act regulating coal mines and the "working thereof; providing
for the appointment of a mine inspector, rejjulating his duties and
compensation, providing for the punishment of persons violating the
provisions of this act, and fixing a time when the same shall take
effect.
Which amendment was adopted.
The question being, shall the title as amended stand as the title of
the bill?
It was so ordered.
638
The following message was received Irora the Senate by the Sec-
retary thereof:
Mr. Speaker:
I am directed by the Senate to inform the House that the Senate
has passed the following engrossed House bill, to-wit:
House Bill No. 185. A bill to legalize the official acts of the
Board of Trustees o! the town of Huntinburg, Dubois county, Indi-
ana, and all other ofiicers of said corporation under an act for the
incorporation of towns, defining their powers, providing for the elec-
tion of the officers thereof, and declaring their duties, approved June
11, 1852, and the by-laws, rules, regulations and proceedings adopted
in pursuance thereof.
Also, House Bill No. 235. An act supplemental to an act to
authorize aid to the construction of railroads by counties and town-
ships taking stock in, and making donations to, railroad companies,
approved May 12, 18G9.
And the same are hereby returned to the House.
The following message was received from the Senate by the Sec-
retary thereof:
Mr. Speaker :
I am directed by the Senate to transmit to the House, for the sig-
nature of the Speaker thereof, the following enrolled Senate act,
to-wit:
Enrolled Senate Act No. 54. An act to divide the State of Indi-
ana into Congressional districts.
The Speaker announced that he had signed Senate Enrolled Act
No. 54.
The joint committee on enrolled bills submitted the following
report : '
Mr. Speaker :
Your joint committee on enrolled bills would report that they
639
have examined Enrolled House Bill No. 122, entitled "An act to fix
the time of holding the Common Pleas Court in the several comities
comprising the Sixth Judicial District, and find the same is correctly
engrossed.
The joint committee on enrolled bills submitted the following
report :
Mii. Speaker :
Your joint committee on enrolled bills report that they have
examined F]nrolled House Bill No. 124, entitled a bill to fix the
time of holding circuit courts in the several counties, and the length
of terms thereof, and in tlie Twelfth Judicial Circuit, and find the
same is correctly engrossed.
The joint committee on enrolled bills submitted the following
report :
Mr. Speaker :
Your joint committee on enrolled bills would report that they
have examined enrolled House Joint Resolution No. 7, entitled
^' A joint resolution in relation to an appropriation by Congress for
the completion of the harbor of Michigan City, and find the same
correctly enrolled.
The joint committee on enrolled bills submitted the following
report :
Mr. Speaker :
Your joint committee on enrolled bills would report that they
have carefully examined Enrolled House Bill No. 90, entitled " A
bill touching public squares in towns, land platted and recorded
with public grounds not specifically dedicated, etc.," and find the
same is correctly enrolled.
The Speaker announced that he had signed Enrolled Joint Reso-
tion No. 7, House of Representatives. Also, Enrolled House Act
No. 90.
The joint committee on enrolled bills submitted the following
report :
640
Mr. Speaker : ,
The Comuiittee on enrolled billg report that they have examined
and compared Eni'oiled Senate Act No. 54 entitled "An act to
divide the State of Indiana into Congressional districts," with tlie
engrossed bill thereof^ and find the same correctly enrolled.
Tlie joint committee on enrolled bills submitted the following^
report :
Mr. Speaker: . -
The conitnittee on enrolled bills report that they have this, the
20th day of December, 1872, presented to the Governor, for his.
signature, Enrolled Senate Ace No, 54, entitled ' An act to divide the-
State of Indiana inio Congressional Districts.
The joint committee on enrolled bills .submitted the following
I'eport :
Mr. Speaker:
The committee on enrolled bills report that they have j)resented
this day, December 20, 1872, to the Governor for his signature, the
following enrolled acts, to wit :
Enrolled Act No. 3, (Senate.) An act to amend section four of an
act, entitled " An act concerning the organization and perpetuity of
voluntary associations," etc.
Also, Enrolled Senate Act No. 87. An act srrantino- the consent
of the State of Ijidiana, to the purchase by the United States of
certain lands for the erection of public buildings at Evansville, etc.
Also, Enrolled Senate Act to fix the number of Senators and
Representatives to the General Assembly of the State of Indiana,
and to apportion the same among the several counties of this Stat«.
The Speaker announced that he had signed Enrolled House Act
No. 134; also, Enrolled House Act No. 172.
The joint committee on«enrollod bills submitted the following
report :
64]
Mr. Speak. Eli;
Your joiut ciwnmittee on eiiroUed bills report that tliey have-
exaruiucd enn/ljed House Bill No, 185, entivled "An act to legalize
the ofllciai aet.t of the B'>ard of Trustees of the towns of Hunting- •
burg, Dubois/' etc., and find the same correctly enrolled.
Also, the joint coium'ttee on enrolled bills respectfully report to
the House tliat they have carefully compared Enrolled House Bill
No. 227, being an act providing for the payment to township
trustees of {Jl movieys which shall have been collected from
townships, and find tiie same coirectly enrolled.
' Also, your joint committee on enrolled bills reportthat they have,
exaraijied Enrolled House Bill 235, entitled "An act supplemental
to an act to anchoriza aid to railroads by counties and townships,"
etc., and find the same correctly enrolled.
Mr. Bnudjam, chairman of the select committee, to whom was
referred the matter of the proceeding of place for a new State House,
submitted the following report:
Whereas, TIas General Assembly has passed a concurrent
resolution providing for the appointment of a committee consisting
of three members of tlie House and two of the Senate, whose duty
it shall be to correspond with the leading architects of the country,
and receive any and all plans and specifications for a State Capital
that may be offered as provided for in gaid resolution, and,
Whereas, Said committee has met and organized as requested
in said resolution, and said committee believing it to be impractica-
ble to accomplish the objects desired by this General Assembly with
the power conferred in said resolution, beg leave to offer the follow-
ing resolution :
Whereas, The necessity exists for the building of a new Capitol
for the State of Indiana ; and,
Whereas, It is the duty of the General Assembly of this State
to use due diligence and economy in the construction of public build-
ings ; therefore, be it
Resolved, That this General Assembly hereby offer an award the
sum of dollars as a premium to any architects or
architect who may offer, through said committee to the General
H. J,— 41
642
Assembly, plans and s|1ecifications, including estimated cost of con-
struction of building, which may be accepted and adopted by this
General Assembly as suitable for use in the construction of a capitol.
Such awards to be made as follows : dollars for the
best plans and specifications so offered ; dollars for the
second best; dollars for the third best;
dollars. The State reserving the right to refuse or use either of
the plans and specifications for which premiums are paid.
Resolved, That for the purpose of better enabling said committee
to discharge their duties herein, they are authorized to visit the
capitols and public buildings of some of the adjacent States, and for
the time so employed they shall receive the per diem of the members
of the General Assembly, and actual expenses paid ; and further,
•that they advertise as they may deem necessary for said plans and
specifications. Provided, however. That the State shall not be liable
to any person or persons for the payment of any plans or specifica-
tions so furnished except such as may be accepted by the General
Assembly.
Mr. Branham offered the following amendments :
Mr, Branham moved to fill the first blank by inserting one thous-
and dollars; the second, six hundred; and third, four hundred.
Concurred in.
Which was adopted.
The question being, shall the report of the committee be concurred
in?
Whereupon, Messrs. Branham and Butterworth demanded the
ayes and noes.
Those who voted in the affirmative were, Messrs.
AndersoH,
Butterworth,
Ellsworth,
Baxter,
Butts,
Eward,
Billingsley,
Cauthorn,
Furnas,
Blocher,
Clark,
Gifford,
Bowser,
Cline,
Glasgow,
Branham,
Cole,
Glazebrook,
Brett,
Cowgill,
Goble,
Broddus,
Edwards, of Lawrence, Goudie,
643
Gronendyke,
Martin,
Tingley,
Hardesty,
Mellett,
Thompson, of Spencer,
Hedrick,
North,
Troutman,
Holling.sworth,
Odle,
"Walker,
Hoyer,
Prentiss,
Wesner,
■Johnson,
Reeves,
Whitworth,
Jones,
Riggs,
Wilson, of Blackford,
Kimball,
Ramsey,
Willson, of Ripley,
Kino;,
Satterwhite,
Wolflin,
Kirkpatrick,
Schmuck,
Wood,
Lenfesty,
Spellman,
Woollen,
Lent,
Strange,
Mr. Speaker — 58.
Those
who voted in the negatlce
7i)ere, Messrs.
01 ay pool,
Hatch,
Shutt,
Coffman,
Heller,
Smith,
Crunipacker,
McConnell,
Teeter,
Durham,
McKinney,
Thayer,
Givan,
M iller,
Thompson, of Elkhart,
Goudie,
Reno,
Tulley— 20.
Gregory,
Scott,
So the report of the committee was concurred in.
The following message was received from the Senate by the Secre-
tary thereof:
Me. Speaker:
I am directed by the Senate to inform the House that the Senate
has passed the following engrossed bill, to wit :
Engrossed Senate Bill No. 71. Entitled a bill to amend sections 7
and 49 of an act entitled " An act providing for the settlement of dece-
dents estates, prescribing the rights, liabilities and duties of officers,
connected with the management thereof, and the heirs thereto, etc.,
and the same is herewith trasmitted to the House.
Also, that the Senate has refused to concur in the report of the
committee of conference of Senate Bill No. 166, and respectfully ask
the appointment of a new committee of conference to consider
amendment by the House, and the Senate has appointed Messrs.
Dwiggins and Dittemore said committee.
644
The Speaker anuoanced tliat he had signed Enrolled House Act
No. 235; iilso, Enrolled House Act Xo. 185; also, Enrolled House
Act No. 227.
Mr. Gilford moved that when the House adjourn it adjourn until
7h o'clock this p. m.
Which motion prevailed.
Mr. Bowser moved to reconsider the vote on the concurrence of
this House in the re]>ort of the select committee to whom was
referred the matter of the procuring of plans for a new Slate House.
Mr. Kimh-xll moved to lay the motion of Mr. Bowser to recon-
sider on the table.
Which motion prevailed.
The Speaker announced that he had signed Enrolled Senate Act
No. 14G.
The committee appointed by the Speaker this A. M. to confer with
a similar committee of the Senate uj)on House Bill No. 166, having
failed to agree, were discharged from further consideration of the
same, and the Speaker appointed Messrs. \Valker and Thaver, as
such cotiimittee on the part of the House, in lieu of said former
committee.
On motifMi, of i\Ir. Gregory,
The House adjourned until 7| o'clock this p. M.
EVE?!ING SESSION, 7J o'OEOCK.
The House met pursuant to adjournment, with the Speaker in th«
chair.
The Speaker announced that he had signed Enrolled House Act
No. 163.
Mr. Thompson, of Elkhart, presented a memorial from sundry
citizens of Elkhart county on the subject of temperance.
Which was referred to the committee on temperance.
645
Mr. Clark presented ])<'titions from sundry citizens of Hamilton
■county on the subject of tempei'ance.
Keferred to the committee on tcmpenmce.
The following message was received from the kSenate, by the Sec-
retary thereof:
Me. Speaker :
I am directed In' the President of tlie Senate to inf_)rm the House
that he has signed the following enrolled acts, to wit:
Enrolled Act No. 90, House of Representatives : " An act touch-
ing public squares in towns laid out, ]jlt)tted and recorded with
pttblic ground not specifically dedicated," and the matter therewith
connected.
Also, Enrolled Act Xo. 134, House of Representatives: "An act
to fix the times of holding circuit courts, and the length of terms
thereof in the several counties comprising the Twelfth Judicial Cir-
cuit of the State of Indiana, and providing for return of process
thereto."
Also, Enrolled Act No. 172, Plouse of Representatives ; *' An act
to fix the time of holding the terms of the Common Pleas Coitrt in
the several counties comprising the judicial district, the duration
of such, and repealing all laws in conflict therewith.
Also, Enrolled Act No. 227, House of Representatives : *' An
act providing for the payment to township trustees of all moneys
which shall have been collected from townships for either general,
special or specific purposes, except such moneys as may have been
collected from township. State and county revenues, and prescrib-
ing punishment of officers failing to comply with the requirements
of, and repealing all laws inconsistent therewith, and declaring an
emergency."
Also, Enrolled Act IS-S, House of Representatives. " An act to
legalize the official acts of the Board of Trustees of the town of
Huntingsburg, Dubois county, Indiana, and all other officers of said
corporation of towns, defining their powers, providing for the elec-
tion of the officers thereof, and declaring their duties," approved
646
June 11, 1852, and the by-laws, rules, regulations and proceedings
adopted in pursuance thereof.
Also, Enrolled Act No. 235, House of Representatives. An act
supplemental to '' An act authorizing aid to the construction of rail-
roads by counties and townships, taking stock in and making dona-
tions to railroad companies," approved May 12, 1869.
Also, Enrolled Joint Resolution No. 7, House of Representatives.
A joint, resolution in relation to an appropriation by Congress for the
completion of the harbor at Michigan City, and the same has been
delivered to the joint committee on enrolled bills in compliance with
the rules of both Houses.
/
Mr. Speaker :
I am directed by the Senate to inform the House that the Senate
has concurred in House amendments to Senate Joint Resolution No.
3, entitled a joint resolution instructing our Senators in Congress to
support an act pending in the Senate of the United States.
The joint committee on enrolled bills submitted the following
report :
Mr. Speaker:
Your joint committee on enrolled bills, to whom was referred
House Bill No. 163, entitled "An act to provide for a uniform
assessment of taxes," etc., have carefully examined the same and.
find that it is correctly enrolled.
By consent of the House,
Senate Bill No. 1 59, was taken up and read a second time.
By consent of the House,
Senate Bill No. 165, was taken up. An act to regulate certaiRi
masters of legislative practice in the two Elouses of the General
Assembly of the State of Indiana, and declaring an emergency.
Which was read a first time.
Mr. Kimball moved that the constitutional rule be suspended, the
bill read a second time by its title, a third time by sections and put
upon its jjassage.
647
The question being, shall the constitutional rule be suspended?
TJiose who voted in the affirmative were, Messrs.
Anderson, Gronendyke,
Baxter, Hatch,
Billingsley, Hedrick,
Bowser, Heller,
Branham, . Henderson,
Broaddus, Hollingsworth,
Butterworth, Hoyer,
Butts, Isenhower,
Cauthorn, Kimball,
Clark, King,
Claypool, Kirkpatrick,
Cobb, Lenfesty,
Coffman, Martin,
Cole, McConnell,
Cowgill, McKinney, ~
Crumpacker, Miller,
Dial, North,
Durham, Odle,
Eaton, Ogden,
Edwards, of Lawrence,Pfrimmer,
Eward, Prentiss,
Furnas, Reeves,
Givan, Reno,
Glazebrook, Riggs,
Goble, Rudder,
No one voting in the nes^ative.
Rumsey,
Satterwhite,
Schrauck,
Scott,
Shutt,
Spell man,
Stanley,
Strange,
Teeter,
Thayer,
Tingley,
Thompson, of Elkhart,
Thompson, of Spencer,
Troutman,
Tulley,
Walker,
Wesner,
Whitworth,
Wilson, of Blackford,
Willson, of Ripley,
Wolflin,
Wood,
Woollen,
Wynn,
Mr. Speaker— 75.
So the constitutional rule was suspended, the bill read a second
time by its title, read a third time by sections, and put upon its
passage.
The question being, shall the bill pass ?
Those who voted in the affirmative were Messrs.
Anderson,
Baxter,
Billingsley,
Bowser,
Branham,
Broaddus,
Butterworth,
Butts,
Clark,
648
Claypool,
' Johnson,
Spell man.
Cubb,
Kimball,
Stanley,
Cotfman,
King,
Teeter,
Cole,
Kirkpatrick,
Thayer,
CoxYgill,
Len testy.
Tingley,
Crum packer,
Martin,
Thompson,
of Elkhart,
Eaton,
Miller,
Thompson,
of Spencer,
Edwards, of Lawrence,N^orth,
Trout man.
Eward,
Odlo,
Tulley,
Farnas,
Ogden,
Wesner,
Gifford,
Pfriiumer,
Whitworth
>
Givan,
Prentiss,
Willard.
Glazebrook,
Reeves,
Wilson, of Blackford,
Goble,
Reno,
AVillson, o:
f Ripley,
Gioneiidyke,
Riges,
Woolflin,
Hatch,
Rumsey,
Wood,
Hedrick,
Satterwhite,
Woolen,
Hollingsworth,
Schnuick,
Wynn, ■
Hoyer,
Scott,
Mr.Speaker— 68.
Iseiihower,
Shutt,
Those who voted in the negative were, Messrs.
Cauthorn,
Heller,
Henderson,
So the bill passOT.
McConnell,
McKinney,
Rudder,
Straufi-e — 7.
The question being, shall the title as read stand as the title of the
bill?
• It was so ordered.
The joint committee on enrolled bills submitted the following
report :
Mr. Speaker: ■ »
Your joint committee on enrolled bills would report that they
have compared Enrolled House Bill No. 148, entitled "An act de-
fining certain felonies and prescribing punishment therefor," etc.,
and lind that the same is correctly enrolled.
649
The Speaker announced that he had signed p]urolled ITouse Act
No. 148.
The following message was received from the Senate bv the Secre-
tary thereof:
Mr. Speaker:
I am directed by the President of tlie Senate to inform the House
that he has signed Enrolled Act of the House No. 1 Go, entitled ''An
act to provide for a uniform assessment of property, and for the col-
lection and return of taxes thereon/' and the same has been deliv-
ered to the joint committee on enrolled bills.
The joint committee on enrolled bills submitted the following
report :
Mr. Speaker :
Your joint committee on enrolled bills have, this 20th day of
Deccud:>er, 1872, presented to the Go\^eraor for his signature, En-
rolled House Bills Nos. 185, 235, and 227.
The joint committee on enrolled bills submitted the following
report :
Mr. Speaker:
Your joint committee on enrolled bills respectfully report that
House Bills Nos. 172, 134 and 90, and House Joint Resolution No.
7, have been presented to the Governor for his approval this 20th
<lay of December, 1872.
The joint comnuttee on enrolled bills submitted the following
report :
Mr. Speaker :
Your joint committee on enrolled bills have thi.s, 20th day of
December, presented to the Governor, for his approval and signature.
Enrolled House Bill No. 163, entitled ''An aot to provide for a
uniform a.ssessment of property, and for the collection of taxe.s
thereon."
650
Mr. Thayer offered the following resolution : ^ •;• , j.i )
Whereas, The subject of temperance is one of vital importance
to all the people of the State; and,
Whereas, Quite a number of bills on that subject have been
introduced during this session, which are now in the hands of the
committee on temperance, and which can not reach a final issue this
session ; therefore, in order that themeaibers may examine said bills
during the vacation, and consult with their constituents on the sub-
ject, and thereby prepare themselves to take prompt and effective
action at the approaching regular session toward the enactment of
an etficient and practical law on this subject,
Be it Resolved, That there be printed 200 copies of each bill that
has been introduced on that subject during this session, and that the
Assistant Clerk of the House be instructed to have this order
promptly executed and mail to each member of the House two
copies of each bill.
Mr, Willson, of Ripley, moved to lay the resolution on the table.
Which motion prevailed.
Mr. Lenfesty introduced
House Bill No. 262. A bill to regulate and license the sale of
vinous and malt liquors, to prohibit the sale of spirituous liquors in
quantities of less than five gallons at one time, to repeal all laws
contravening the provisions of this bill, and prescribing penalties
therefor."
Which was read a first time, and referred to the committee on
temperance.
Mr. Anderson introduced
House bill No. 263. A bill in relation to railroad fences, limita-
tion of actions, and prescribing remedies for live stock killed or
injured, and matters connected therewith, and repealing all laws
inconsistent with this act.
Which was read a first time, and referred to the committee od
railroads.
651 ■ •
Mr. Prentiss introduced
House bill No. 264. A bill to amend section 18 of an act entitled
"An act regulating descents and the apportionment of estates."
Which was read a first time, and referred to the committee on the
judiciary.
Mr. Clark introduced
House bill No. 265. An act defining professional prostitution and
prescribing punishment therefor, and prescribing certain rules of
evidence in prosecutions for such offenses.
Which was read a first time, and referred to the committee on.
reformatory institutions.
Mr. Billingsley introduced
House bill No. 266. An act to amend an act entitled " An act
to provide for the opening, vacating and change of highways,"'
approved June 17, 1852.
Which was read a first time, and referred to the committee on,
roads.
■ Mr. Tingley presented a petition from sundry citizens of Rusb
county on the subject of railroads, which was referred to the com-
mittee on railroads.
The following message was received from the Senate by the Secre-
tary thereof:
Mr. Speaker:
I am directed by the Presideut of the Senate to inform the House
that has signed Enrolled Act of the House No. 148, entitled " An
act defining certain felonies and prescribing punishment therefor,
compelling testimony of parties engaged therein against others than
themselves, declaring contracts with respect thei-eto void, and repeal-
ing all laws in conflict with this act." And the same has been deliv-
ered to the joint committee on enrolled bills to be presented to the
Governor.
Mr, Baxter presented a petition from various citizens of Wabash
652
and Kosciusko counties praying for the repeal of an act toautliorize
aid to railroad companies.
Which was referred to the committee on railroads.
Mr. Baxter presented petitions from sundry citizens of Wayne
comity on the subject of temperance.
W hich ^vas referred to the committee on temperance.
Mr. Furnas j>resented petitions from sundry citizens of Hendricks
•county ou the sul^ject of temperance.
"Which was referred to the committee on temperance.
Mr. HoUingsworth presented a petition from citizens of Tippe-
canoe county ou the subject of temperance.
Wl.ich was referred to the committee on temperance.
The joint committee on enrolled bills submitted the following
report :
Mr. Speaker :
Your joint committee on enrolled bills wottld rej)orfc that they have
this day presented to the Governor for his signature Enrolled House
Bill No. 1-18, entitled " An act defining certain felonies, etc," Decem-
ber 20, 1<S72. "
Mil-. Joii.:s introduced
H<.u,".e Bill No. 2G7. A bill to amend an act entitled, " An act to
revise, simplify and abridi;e the rules, prictiee and pleadir;gs in civil
■cases in this State, to abolish distinct forms of action at law and
to-provide for the administration of jti.stice in a uniform mode of
pleading and practice without distinction between law and equity.
Which was read a first time and referred to the committee on
rights and privileges.
Mr. Tliomps'm, of Elkhart, fi-ora the committee ou county and
township ])usinr^ss, sttbmitted the following report:
Mr. Speaker :
Your committee on cotinty and township bttsiness to whom was
653
referr-ed House Bill No. 236, "Aa act pi-ovlding for taking the-
ceusus of the qualified voters of this State ou the culling of a con-
vcutiou to alter, amend or revise the Constitution of this State/''
have had the same under eonsiler.ition aud report it back and recom-
mend its passage.
Bv consent of the House the report and bill were laid on the table
until next session.
Mr. Shirley having been granted leave to enter his written protest
on behalf of the minority, against the passage of Senate lilll No=
146, leave was granted that the miuority might unite and send in.
their protest instead.
^\'llereupoa Mr. Woollen pi-esented the following written protest:
Mk. Speaker :
The undersigned, who voted against the bill for "Au act to fix the
number of Senators and lieitresentatives to the General Assembly of
the State of Itidiana, and to apportion the same among the several
counties of the State, and declaring au emergency,''^ desire to protest
against the pa«sage of said bill, and give their reasons therefor.
The object of all governments like ours is to have the sovereignty
which emanates from the people proj>erly represented in the law-
making power. The members of the General Assembly of the State
arc only the agents by which that sovereignty manifests itself upoK
the statute books; the power itself resides in the people. That gov-
ernment is the most equal that brings the power into uniform action ;
when thus exercised, it is not only powerful but just. It places the
Governor in his seat, and gives him the executive authority; it
makes the laws through its properly constituted agents, and give*
them their validity; it elevates the judiciary to the bench, and
clothes them with judicial ermine; it places its broad seal upon the
writ that brings the criminal to justice; it speaks from the jury-box
its verdict of weal or woe; and it directs the arm that executes the
sentence of the laws. A power thus omnipotent should be guarded
with jealous care ; and when robbed of its proper authority, must
produce disorder, weakness and confusion.
When the bill mentioned in the beginning of this protest cam&
before the House from the other brancli of the General Assembly,
the undersigned hoped and believed that it would command here-
that careful consideration which its importance demanded. It pro-
654
posed to distribute among the people that representation which the
fundamental law declared shall be apportioned among the several
counties according to the number of white male inhabitants above
twenty-one years of age. We demanded postponement and exami-
nation ; it was refused. We asked for consideration and debate ; it
was denied. In past General Assemblies, when measures of this
kind had been passed, the minority had resorted to revolution; but
believing that wrong was better than disorder, we determined to re-
main in our places in violation of well settled precedents, and relj
upon the justice and magnanimity of the majority. We appealed
to that justice and magnanimity in vain, thus justifying the revolu-
tionary course of former Legislatures. We appeal from the hasty
and inconsiderate action of a party to the people themselves.
Upon an extended examination of the bill, we find it carefully
prepared to perpetuate the jiower of the Republican party. It
strikes down thousands of voter,< in some of the counties, and places
the power which justly belongs to them in the hands of their smaller
neighbors, only because of their political sentiments. As instance'
of this, it gives to the counties of Floyd and Clark, with their vot-
ing population of 10,778, one Senator ; and to their Republican
neighbors, the county of Jefferson, a Senator for her vote of 5,405.
It gives the counties of Boone and Clinton, 10,117 votes, one Sena-
tor; and tiie county of Randolph a Senator, with a vote of 5,014;
and this, as we believe, because of their 'political complexion. It
gives to the county of Vermillion, a Representative for her 2,445
votes ; but denies one to the county of Bartholomew, with her 4,761
votes; and Vermillion is Republican, wliile Bartholomew is Liberal.
These are only a few of many instances of like irregulations ; while
the county of Marion, the center of political power and corruption,
•in effect elect three Senators and five Representatives. If anything
"were wanting to condemn this bill more than its manifest irregular-
ities, it can be found in the fact that it was agreed upon in a party
caucus, and passed without debate in the General Assembly. We
know that the political caucus is manipulated by outside influences,
not res}X)nsible to oaths or the people. The majority in this House,
misled, as we believe, by designing men not members on this floor,
at the beginning of this session, resolved that all important meas-
.ures should be determined in caucus and not considered and debated
in this House. We believe that this was wrong in principal, as it
is vicious in practice ; and that the bill under consideration was the
legitimate result of this departure from the correct principles of
655
legislation. In our opinion, the bill never could have passed this
House, except under the pressure of party disc-i.p!iue. We know
that when that discipline is brought to bear, the rights of the people
are in jeopardy.
For these reasons, and in the name of that people whom we were
sent here to represent, many of whom, by the provisions of this bill,
wnll not hereafter be represented on this floor, we solemnly protest
against the action of this House in passing this law, and respectfully
ask that this protest be entered upon the journals ot the House.
T. W. WOOLLEX,
JEFF. C. BOWSER,
W. H. PFRIMMER,
JAMES A. McKIXNEY,
J. A. J. DURHAM,
W. S. GIYAX,
\ , H. K. CLAYPOOL,
S. D. SPELLMAN,
JOHX McCONNELL,
H. C. STAXLEA^
GABRIEL SCHMUCK,
CYRUS B. TULLEA^
J. HENDERSON,
HENRY S. CAUTHORN,
T. N. JONES,
M. L. MARTIN,
L. DOW GLAZEBROOK,
. , R. B. EATON,
S. S. SHUTT,
s. s. coffman,
rease h. reno.
aDam g. hoaxer,
james w. avhitworth,
wm. strange,
j. r. isenhower,
c. w. anderson,
george h. teeter,
james rudder,
W. B. SMITH,
M. L. BRETT, -
CHARLES G. OFFUTT.
GoS
Mr. Claypool offered the folknviog resolution :
I<efolved, That it is the sense of this House that should any Page
hereafter during this or tlie ensaiug session, be found guilty of wri-
ting, seribliug or DU.rking upon any of the books, papers or doca-
nieiits lying upon the desk of any of the members, without first gaining
permission, he shnll be deenn:-d guilty of misdemeanor and be at
once dismis,^ed fi-oin the ernpl(»vmeut of the House.
Mr. Shutt moved that the resolution be laid upon the table.
Which nioUon prevailed.
]Mr. Willson, of Ripley, oflered the following resolution :
Eesoh-ed, That the minority aud maj-i'lty of ibis House now shake
hands across tlie bloody ehasrn.
V/hich resolution was adopted.
The jriint committee on enrolled bills submitted the following
report :
Mr. Speak Ei: :
Your joint corantittee on enrolled bills would respectfully report
that they have examined Senate Bill jSTo. 181 and find that the same
is correctly enrolled.
The fi>llowing message was received from the Senate by the Secre-
tary thereof:
Mr. Speaker :
I am directed by the Senate to transmit to the House of Repre-
sentatives, for the signature of the Speaker thereof. Enrolled Senate
Act No. 151, viz.: an act to amend the first section of an act
entitled as follows : '' An act to amend the first section of an act
entitled ' An act for the incorporation of manufacruri)jg and mining
companies for mechanical, chemical and biulding purposes,' approved
May '20th, 1852, so as to provide for the incorporation of companies,
to furnish motive p(»\ver to carry on such business or to supply any
city or village with water," approved Mjivh 11, 18G1, so as to
authorize and provide for the incorporation of union stock yard*
657
and tr?nsit companies, and also to autborize and provide for the
incovpoiation of grain elevator companies, and legalizing the incor-
poration of any grain elevator companies already formed or attempted
to be formed under the act to which this is an amendment, and
declaring an emergency.
The Speaker announced that he had signed Earolled Senate Act
No. 151.
The joint committee, on enrnllnl bill*, submitted the following
repoi't :
Mk. Speaker :
Your j'lint comniittee, on enrolleil bills, would report that <hoy
have examined Earolled Joiut tJesoUuiou No. 3 of the iSenai.e, and
find that the same is correctly enrolled.
Th.e following message was received from the Sanate by th.e Sccre
tary thereof:
Mr. Speaker :
I am directed by the Senate to transmit to the House of Represen-
tatives, for the signature of the Speaker thereof, Enrolled Senate
Joint Resolution No. o. A joint re!«olutiou instructing our Sena-
tors in Congress to support an act pendiug in the Senate of the
United States, to make honorably discharged soldiers and sailors,
their widows and orphan children to acquire homesteads on the
public lands of the United States.
The Speaker announced that he had signed Earolled Senate Joint
Resolution No, 3,
The joint committee, on enrolled bills, submitted the following
report :
Mr, Speaker:
Your joint committee on enrolled bills have this, the 20th day of
December, presented Senate Enrolled Bill No. 151 to the Governor
for his signature.
n. J.— 42
658
The following message was received from the Senate by the Secre-
tary thereof:
Mn. Speaker:
I am directed by the Senale to inform the House that the Senate
has passed the following engrossed bill of the House, to wit :
Engrossed House Bill No. 259. Entitled " A bill making specific
ajiproj)riations for the years 1871 and 1872," with the accompanying
engrossed amendments of the Senate, to wit :
The following amendments were pro])osed by the Senate to House
Bill No. 259 :
Sec. 39. That Thomas G. Riehey be allowed the sum of fifty
dollars foi his services as constable in serving Avitnesses in the case
of Hon. J. W. Burson, contestant at tbe last regular session of the
Legislature.
Sf:c. 40. That Josselyn Bros. & Company be allowed the sum of
one hundred and forty dollars for rent of rooms for Senate commit-
tees during the last regular session of the Legislature.
Sec. 41. That McCoy & Root be allowed the sum of five
dollars for coal furnished Senate committee, December 2d, 1872.
Sec. 42. That the Indianapols Journal Company be allowed the
sum of six hundred and fifty- five dollars and three cents for copies
of the Indianapolis Journal, wrapped and stamped, roll calls and
cards, Avith Senators address, furnished the Senate at its last regular
session.
Sec. 43. That Richard J. Bright & Company be allowed the
sum of six hundred and thirty-six dollars and fifty-two cents foi*
copies of the Sentinel furnished the Senate at the last regular session.
Sec. 44. That George D. Farrar be allowed the sum of seven-
teen dollars and twenty cents for his attendance as a witness in the
J. W. Burson contest case at the last regular session of the Legis-
lature.
Sec. 45. That Julius Boetticher be allowed the sum of two hun-
drtd and eleven dollars and twenty cents for copies of the Volks-
blatt, wrapped and stamped and furnished to the Senate at the last
regular session of the Legislature,
659
Sec. 46. That Alfred Thompson be allowed the sum of one hun-
dred and sixty-four dollars and forty cents, for purchase money and
interest thereon for lands purchased of the State of Indiana on
account of failure of title.
Sec. 47. That ^Yilliam Burns be allowed the sum of twenty
dollars for provisions furnished Company A, 84th regiment Indiana
volunteers, on August 11, 1862.
Sec. 48. That Sarah H. and Mary J. Ketchum be allowed the
sum of eighty-nine dollars for purchase money and interest thereon,
for lands purchased of the State on account of failure of title.
Sec. 49. That the Indianapolis Sentinel Company be allowed
the sura of six hundred and twenty-six dollars and twelve cents for
papers furnished the Senate, wrapped and stamped.
Sec. 50. For services of short-hand re])orts at the special session
of the Legislature of 1872, that Charles W. Stagg be allowed the
sum of eight hundred and eighty dollars for his services as short-
hand reporter during the last session of the Legislature, on the trial
of J. W. Burson.
Sec. 51. That the Guttenburg Company be allowed the sum of
six hundred and eighty-seven dollars and forty cents for papers fur-
nished the Senate during the special session of the Legislature of
1872.
Sec. 52. That Frank M. Hawkins be allowed the sum of one
hundred and fifteen dollars and fifty cents for six issues of the
National Beacon, two hundred and seventy-five copies each, fur-
nished the Senate during the special session of the Legislature of
1872.
Sp:c. 53. That the Indianapolis Journal Company be allowed
the sura of six hundred and twenty-six dollars and twelve cents for
copies of the Indianapolis Journal, wrapped and stamped, furnished
the Senate at the ^^pecial session of the Legislature of 1872.
Sec. 54. That the Guttenburg Company be allowed the sura of
four hundred and ninety-five dollars for copies of the Daily Tele-
graph furnished the Senate during the session of the Legislature of
1871.
Sec. 55. That Senators Dittemore, Hadley, Daugherty, Hamil-
ton and Wadge be allowed the sum of thirty dollars each for their
660
expenses incurred in going to Dayton, Ohif>, as the roilitary com-
mittee at tLe labt regular ses.sion of the Legislature.
Sec. o6. That T. A. Goodwin be allowed the sum of forty-two
dollars and sixty cents, tor copies of the Indiana Amerieiin furnished
at the last regular session of the Legislature.
Sec. 57. That Senators Williams, Ditteiaore, Johnson, Wadge^.
Denbo and Robinson be allowed the sum of 830 each, for their
expensi'S in making two trips to the Southern Prison, to investigate
the atlair.-- of the same, at the last regular session of the Legislature^
Sec. o8. That M. G. Lee be allowed the sum of §30, for Com- .
mereiuls turnished at the last regular session of the Legislature.
Sec. 59. ThiU JuUus Bot-tticher be allowed the sum of S36.25;
for two lui )dred and seventy- live copies of the Weekly Volksblatt
furnished the Smate daring the extra session of the Legislature.
1872.
Sec. 60. That Gutteoburg Co. be allowed the sum of §476.60,.
for copies of the Telegr'iph furnished the Senate during tlie regular
session of the Legislature.
Sec. 6L That Giikey & Jones be allowed the sum of §13.85; for
work and rept^iring done in and about the Senate Chamber during-
the special session of the Legislature, 1872.
Sec. 62, It is hereby declared that an emergency exists for the
passage and taking elleet of this act, theiefgre the same shall take
effect and be in force from and after its passage.
Strike out Section 21.
Strike out Section 26.
Strike out Section IS.
Strike out Section 32.
Strike out Section 20.
Amend Section 27 by striking otit and inserting the following in
lieu thereof:
Sec. 27. Tiiat Bayless W. Hanna, late Attorney General, be
allowed tw ■> thousand and five hundred dollars in full for all extra
eervici.s rendered by him on behalf of the State during his entire
term of office.
661
To amend Section 15 by striking out the words " eighty-one" and
insert in lieu thereof the word ''thirty."
Which amendments were concurred in.
On motion of Mr. Branl)am
The House adjourned until to-morrow morning at 10 o'clock A. M
662
SATURDAY MORNING.
December 21/ 1872, 10 o'clock.
The House met pursuant to adjournment with the Speaker in the-
chair.
On motion,
The reading of the Journal was dispensed with.
Mr. Cauthorn was culled to the chair by the Speaker.
Mr. Offutt offered the following resolution.
Resolved, That the thanks of the House are hereby tendered t»
the Hon. Wm. K. Edwards for the able, efficient and impartial
manner in which he has discharged the duties devolving upon him
as Speaker of the present session of this General Assembly, and in
his retirement from said position at the close of this session he car-
ries with him the kindest wishes of each member of this House for
his future prosperity and success in life.
Which was adopted.
Mr. OfFutt being absent when the vote was taken on the passage
of Senate Bill No. 54, and Senate Bill No. 146, desired that the
Journal of the House show that if he had been present he would
have voted in tlie negative.
So ordered.
Mr. Woollen being absent when the vote was taken on the pas-
sage of Senate Bill No. 54, desired that the Journal of the House
show that if he had been present he would have voted in tho neg-
ative.
So ordered.
By consent of the House, the concurrent resolution offered by
Mr. Woollen in relation to the appointment of a committee of nine,.
663
three being members of the Senate and six being members of the
House, to take under consideration the subject of the apportion-
ment of the State for judicial purposes, was taken up and the con-
current resolution adopted.
Mr, Tally offered the following concurrent resolution.
Resolved, That the House will, the Senate concurring therein,
adjourn this General Assembly at 10 o'clock, A. M., to-morrow,
sine die.
Which was adopted.
Mr. Lenfesty offered the following resolution.
Be it resolved, That the thanks of this House be tendered the
officers, reporters and employes of the same, for the prompt and
efficient manner in which they have performed their res[)ective duties,
and the gentlemanly bearing they have at all times maintained
toward the members of this body, and the hope is herein publicly
expressed that wherever their future lots may be cast, happiness and
prosperity may attend tliem.
Which was unanimously adopted.
Mr. Pfrimmer offered the following resolution :
Whereas, Capital punishment is abhored by the intelligence of
the age, and is forbidden by every noble impulse of a manly heart ;
therefore,
Resolved, That His Excellency, Governor Baker, be and is hereby
requested to commute to imprisonment for life, any or all persons
now under sentence of death, within the State of Indiana.
On motion of Mr. Miller,
The resolution was laid upon the table.
The joint committee on enrolled bills submitted the following
report :
Mr, Speaker :
Your joint committee on enrolled bills, have examined Enrolled
House Bill No. 259, entitled "An act making specific appropria-
664
tions for the year one thousand eight hundred and seventy-one, and
eighteen hundred and seventy-two," and find the same is correctly
enrolled.
The Speaker announced that ho had .signed House Enrolled Act
No. 259.
The joint committee on enrolled bills, submitted the iollowing
report :
Me. Speaker:
Your joint committee on enrolled bills, report that they have
examined Enrolled House Act No. 165, entitled "An act to regulate
certain matters of Legislative practice in the two Houses of the
Ge*ieral Assembly of the State of Indiana," and. find the same cor-
rectly enrolled, December 20th, 1872.
j\fr. Shirley moved
That the House adjourn at 2 o'clock this p. M., and that members
who live at a distance, have permission to return to their homes.
Which motion prevailed,
And the House adjourned until 2 o'clock p. M.
AFTERNOON SESSION, 2 o'CLOCK.
The House met pursuant to adjournment, with the Speaker in
the chair.
The following message was received from the Senate by the
Secretary thereof:
Mr. Speaker : ^
I am directed by the Senate to inform the House, that the Senate
has receded from its disagreement to the amendments to Senate
Bill 166.
Also, that the Senate concurs in the amendments of the House.
' 565
Also, I am directed by the Senate to inform the House,
That the Senate has passed House Joint Resohition No, 3, enti-
tled ''A joint resolution instructing our Senators and requesting
■our Representatives in Congress, to secure the passage of a law to
equalize the bounty of the Soldiers and Seamen of the United
States, in tlie war ot the Rebellion," and the same is herewith
returned to the House.
Mk. Speaker :
I am directed by the Senate, to transmit to the House, for the
signature of the Speaker thereof, Enrolled Senate Act No. 165,
to wit :
An act to regulate certain matters of legislative practice, in the
two Houses of the General Assembly of the State of Indiana.
Also, an Enrolled Act of the Senate No. 445, entitled "An act
in relation to the organization of the two Houses of the General
Assembly, prescribing the number of officers and employes of each
House, and regulating their duties."
The following message was received from the Governor by his
Private Secretary, John M. Commons :
Mr. Speaker :
I am directed by tlie Governor to respectfully inform the House,
that he has approved and signed the following acts, viz.:
Enrolled Act of the House No. 32, entitled "An act to provide
for the time of holding the Court of Common Pleas in the Tenth
Judicial District of the State, and to repeal all laws in conflict
therewith," and declarintr an emero-encv.
Enrolled Act of the House No. 73, entitled "An act fixing the
per diem and mileage of members of the General Assembly, and
providing that they shall provide their own stationery."
Enrolled Act of the House No. 119, entitled " An act in relation
to organizing the two Houses of the General Assembly, and defining
666
certain duties of certain officers in relation thereto and declaring an
emergency."
Enrolled Act of the House No. 134, entitled ''An act fixing the
time of holding Circuit Courts and the length of terms thereof ia
the several counties comprising the Twelfth Judicial Circuit of the
State of Indiana, and providing for the return of process thereto.'^
Enrolled Act of the House No. 148, entitled "An act defining cer-
tain felonies and prescribing punishment therefor, compelling testi-
mony of parties engaged therein against others than themselves,
declaring contracts with respect thereto void, and repealing all acts
in conflict with this act."
Enrolled Act of the House No. 163, entitled "An act to provide
for a uniform assessment of property and for the collection and return
of taxes thereon.
Enrolled Act of the House No. 172, entitled "An act to fix the
time t)f holding the terms of the Common Pleas Court in the several
counties comprising the Sixth Judicial District, the duration of such
terms and repealing all laws in conflict therewith.
Enrolled Act of the House No. 259, entitled " An act making
special appropriations for the years one thousand eight hundred and
seventy-one, and one thousand eight hundred and seventy-two."
And that the said several acts have been deposited in the office of
the Secretary of State.
Also, that he has caused House Joint Resolution No. 3, being a
joint resolution instructing our Senators and Representatives in Con-
gress to support an act pending in the Senate of the United States to
enable honorably discharged soldiers and sailors, their widows and
orphan children to acquire homesteads on the public lands of the
United States.
Also, House Joint Resolution No. 7, entitled "A joint resolntion
in relation to an appropriation by Congress for the completion of
the harbor at Michigan City," to be deposited in the office of the
Secretary of State, and that certified copies thereof will be forwarded
to each of our Senators and Representatives in Congress as soon as
practicable.
JOHN M. COMMONS,
Private Secretary.
667
The following message was received from the Senate, by the Sec-
retary thereof:
Mr. Speaker :
I am directed by the Senate to inform the House that the Senate
has concurred in the following resolution of the House, to wit:
Resolved by the House of Mepresentatioes, the Senate concurring^
That the General Assemble will adjourn sine die to-morrow at 10
o'clock A. M., with the following amendment of the Senate, to wit :
By striking out the words "10 o'clock A. M." and insert "12
o'clock midnight," in which the concurrence of the House i&
respectfully req nested.
Also, that the Senate concurs in the following resolution of the
House, to wit :
Resolved by the House of Representatives, (the Senate concurring)
That there shall be appointed a committee of nine, six on the part
of the House and three on the part of the Senate, to be so distributed
as near as possible to represent the different parts of the State, who
shall make an equalization of the principal circuits and districts of
the State, taking as a basis a population of not less than sixty
thousand inhabitants as near as may be, and requiring as near as
may be the time of each judge for at least forty weeks in each year
and that said committee report to the Senate and House of Repre-
sentatives a bill creating said several circuits and district at the reg-
ular session, said circuits shall be made with reference to the present-
residence of the judges ; said committee shall have power to sit
during the vacation between the special and regular session and shall
be allowed for their services five dollars per day each for each day
engaged on such committee.
The message of the Senate in relation to the concurrent resolu-
tion on the matter of the apportionment of the State for judicial
purposes, and providing for the appointment of a committee of nine,
constituting three members of the Senate and six oi' the House, was
taken up and the Speaker announced the following named gentlemen
as such committee on the part of the House:
Messrs. Wollen, Williams of Ripley, Cauthoru, Cobb, Offutt,
Cowgill.
6G8 ■ ^
The Spenkor annoiraced that he had signed Enrolled Senate Act
JS^o. 1G5, and also, Enrolled Senate Act No, 145.
Mr. Kiml)all offered the following re.solution :
Rt^olved, That tl)e Doorkeeper be directed to take charge of the
property helongiig to the State reniainino; in the different committee
rooms of tlie House, so that the same shall not be lost to the State.
Which was adopted.
Mr. Kimball moved that when this House adjourn it adjourn
until 10 o'clock A. M. to-morrow.
Which motion prevailed.
On motion of Mr. Kimball,
Messrs. Offutt, Johnson and Edwards of Lawrence M'cre appointed
a committee to procure a minister of the gospel to open the House
to-morrow with prayer.
The joint committee on enrolled bills submitted the following
report :
Mr. Speaker:
Your joint committee on enrolled bills would report that they
have examined Enrolled Act of the Senate No. 145, entitled "An act
in relation to the organization of the two Houses of the General
Assembly, etc.," and find that the same is correctly enrolled.
The following message was received from the Senate by the Secre-
tary thereof:
Mr. Speaker:
I am directed by the Senate to inform the House of Representa-
tives that the Senate has adopted the following resolution, to wit:
A concurrent resolution to provide for the publication of a certain
act tlierein named.
Whereas, The General Assembly, at the present session thereof,
passed an act which has become a law of the State, entitled "xVu act
G69
to provide for a uniroira asscst-ment of property and for the collec-
tion and return ot taxes thereon." And,
WiiERKAS, From the voiuminous character of the act, and the-
iutricacy of the subject, it is probable that siu-h defects i:i t!ie act
may become apparent as to require supplemental or ajuendatory legis-
lation, at tlie approaching regular session tliereof, to the end that said'
act may, at the earliest practieable tinn', be pl.u-ed in the hunds of
the county offirers to whom its execution in a great measure will be
entrusted ;
Iic!^oloed by the Senate, (the House of Representatives concurring,)
that the Secretary of State be and is liereby directed to cause one
tbousand copies of said act to be priuied in panipji'et torn) as soon,'
as possible and that he cause six copies of such act when so pu'dlshed
to be transmitted without delay, by mail, to the County Auditor of
each county i\>r the use of the county officers.
I am also directed by the Senate to herewith transmit to the House
of Representatives for the signature of tlie Speal;er thereof:
Enrolled Act No. 166. An act regulating the sale of county
property, and the letting and building of public buiklings and
bridges, fences and monuments, and declaring au emergency.
Tine Sj)eaker ajinounced that he liad signed Enrolled Senate Act
No. 166.
On motion,
The message of the Senate, in relation to the publication in pam-
phlet form of an act entitled "An act to provide for the uniform
assessment of property, and for the colleciion and return of taxea
thereon, passed at the present session of the General Assembly, was-
taken up, and,
On motion,
The concurrent resolution was concurred in.
Mr. Prentiss presented petitions from sundry citizens on the
subject of temperance.
Which ^were referred to the committee on temperance.
670
The following message was received from the Senate by the Secre-
tary thereof:
Mr, Speaker:
I am directed by the President of the Senate to inform the House
that he has signed the following enrolled act, to wit:
Enrnlled Senate Act No, 166. An act regulating the sale of
county property, and the letting of public buildings, bridges, fences
and monuments, and declaring an emergency.
Also Enrolled Senate Act No. 259. An act making specific ap-
propriations for the years 1871 and 1872.
And the sanie has been delivered to the joint committee on
enrolled bills.
On motion of Mr. Cobb,
The House adjourned until to-morrow morning at 10 o'clock.
671
SUNDAY MORNING.
December 22, 1872, 10 o'clock.
The House met pursuant to adjournment, with the Speaker in the
■chair.
Prayer was offered by the Rev. Mr. Green, of Indianapolis.
On motion of Mr. Johnson,
The reading of the Journal of yesterday was dispensed with.
On motion of Mr Cobb,
The House adjourned until 2 o'clock p. m.
AFTERNOON SESSION, 2 o'CLOCK.
The House met pursuant to adjournment, with the Speaker in the
©hair.
The following message was received from the Senate by the Secre-
tary thereof:
Mr. Speaker:
I am directed by the Senate to inform the House that the Senate
has no further business to communicate, and to inquire if the House
of Representatives has any further communications to send to the
Senate during the present General Assembly.
Mr. Cobb otfered the following resolution :
Resolved, That a committee of three be appointed to wait upon
his Excellency, Governor Baker, to inquire of him whether he has
any further communication to make to this House.
Which was adopted.
. . 672
Wliereupon the Sp&aker c-nnouoced the followiug namefl gentle-
men as such commiitee :
Messrs. Thompso;i of Eilkhart, McConnell and Cubb.
Mr. Thompson, of Elkhart, offered the foHowiug resolution.
Ucmlvc'l, That this House inform the Senate that ths House has--
no further business to eommuaicate.
Which was adopted.
Mr. Thompson of Elkhart, chairman of the committee appointed
to wait npon the Governor, and in<[uire if he had any further coni-
ruunicatioa to transmit to the House, submitted the fodowing
report. ■ .
Mr. Speaker:
Your committee app(,>inted to wait upon his Excel lenry the Gov-
ernor, have dischsrg'ed that duty, and we are ms;ructed to say that
bis ExeeJlency has no further business to communicate to this.
Ho .se.
A\ hich was concurred in.
Mr. Woodard moved that the House do now adjourn sine die..
Whereupon the Speaker said :
Gentlemen of the House of Representatives :
The dili^ient attention you have bestowed, to consider and mature
the proceedings of this session, is marked by signal ability and fidelity
to the interests of those whose confidence you represented. The-
work in progress to be completed by the general session, with the
important measures enacted, fully warrant the call of the Governor
in convening this special session.
The courtesy yoa have so generously extended to each other, and
with so much kindncsis to me, in the discharge of the arduous anci
delicate responsibilities of this position; the resolution of approval
you adopted, overlocdcing all errors, commands me willingly to
appreciate your favors as a body with the highest regard for each,
of you personally.
673
The officers, especially those more directly connected with me
around this desk, have pleasantly and correctly performed their sev-
eral duties with entire satisfaction.
Wishing you a happy return to your homes, I now, to discharge
the last duty devolving upon me, by your order, with the concurrence
of the Senate, declare this House adjourned sine die from 12 o'clock
to-night.
CYRUS T. NIXON,
Principal Clerk.
MOSES G. McLAIN,
Assistant Clerk,
H. J.— 43
Indianapolis, December 31, 1872.
Received of Clerk and Assistant Clerk of the House of Repre-
sentatives, special session, 1872, the House Journals of said session
for filing in the office of the Secretary of State agreeably to an act
passed by the General Assembly of Indiana during said session.
JOHN H. FARQUHAR,
Secretary of State.
By O. M. Eddy, Deputy.
675
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INDEX— COKTTNITED.
ABSENCE, LEAVE OF—
Mr. We^uer , 23
Mr. Kimhall 93
Mr. Ogil^u 112
Mr. McCounell 113
Mr. Barker. , 127
Mj-. Dial 13t
Mr. McKinney , l:sO
Mr. Barrett 1,30, 398
Mr. Wyiui 212, 343
Mr. Jones 214
Mr. Thompson, of Spencer 216
Mr. Lee 226
Mr. Shirley 244
Mr. Hardefty '. 2aA
Mr. Eward 328, 488
Mr. Biocber 343
Mr. ClJne 843
Mr. I'frimmor ... 343
Mr. Anderson 384
Mr. Woollen 3fi4
Mr. Schmuck 364
Mr. Sppllman 398
Mr. Wolfliii , 437
Mr. Bitit 445
Mr. Willard 465, 5S9
Mr. Spel! man.. 407
BIr. Holliogsworth 48U
Mr. Offutt .544
AYES AND NOES—
On election of Speaker .,„ , S
On election of Principal Clerk , 10
On ^k'crion of Assistant Clerk , 11
On election of Doorkeeper 13
On laying House Joint Rosoiutjon No. 1 on table 18
On passage of House Joint Resolution No. 2 53
On suspension of constitutional rule on House Bill No. 22 79
On suspension of constitutional rule on House Bill No. -3 80
On passage of House Bill No. 33 Ill
On monti.jn by Mr. Kimball 95
On Senate concurrent resolution Ill
On BUP)>ension of constitutional rule on House Bill No. 32 144
On passage of House Bill No. 32 , 14.5
On passage of House Bill No. 7 14!)
On passage of House Bill No. 15 150
697
AYES AND NOES— Continued.
On passage of House Bill No. 27 162
On passage of House Joint Resolution 154
On passage of House Bill No. 26 155
On suspension of constitutional rule on House Bill No. 119 170
On suspension of constitutional rule on House Bill No. 119 177
On passage of House Bill No. 119 178
On passage of House Joint Resolution No. 3 185
On passage of House Bill No. 8 189
On passage of House Bill No. 37 187
On passage oi House Bill No. 13 188
On passage of House Bill No. 49 189
On passage of House Bill No. 69 190
On pas.sage of House Bill No. 72 191
On passage of House Bill No. 95 „ 192
On passage of House Bill No. 26 194
On passage of House Bill No. 50 19S
On passage of House Bill No. 71 197
On passage of House Bill No. 81 198
On passage of House Bill No. 90 „.. 199
On election of United States Senator 201
On passage of House Bill No. 98 204
On motion of Mr. Cauthorn 206
On resolution of Mr. Gregory 244
On passage of House Bill No. 92 247
On passage of House Bill No. 30 248
On passage of House Bill No. 71 249
On suspension of constitutional Rule on House Bill No. 162 252
On passage of House Bill No. 162 253
On passage of House Bill No. 101 254
On passage of House Bill No. 104 ; 255
On suspension of constitutional rule on House Bill No. 1C3 266
On passage ot House Joint Resolution No. 4 274
On suspension of constitutional rule on House Bill No. 134 278
On passage of House Bill No. 134 278
On suspension of constitutional rule on Senate Bill No. 65 2»3
On passage of Senate Bill No. 65 283
On passage of House Joint Resolution No. 6 287
On passage of House Bill No. 70 288
On passage of House Bill No 114 289
On passage of House Bill No. 118 230
On passage of House Bill No. 35 291
On passage of House Bill No. 137 292
On passage of House Joint Resolution No. 7 299
On passage of House Joint Resolution No. 8 32.3
On passage of Senate Bill No. 8 325
On passage of House Joint Resolution No. 9 327
On passage of House Bill No. 6 330
On passage of HoMse Bill No. 36 331
On passage of House Bill No. 59 .. 332
On passage of House Bill No. 139 XiS
On passage of House Bill No. 144 334
On suspension of constitutional rule on Senate Bill No. 124 336
On passage of Senate Bill No. 124 337
On suspension of constitutional rule on Senate Bill No. 38 338
On passage of Senate Bill No. 38 3:39
On passage of House Bill No. 155 341
On passage of House Bill No. 73 354
On suspension of constitutional rule on House Bill No. 69 363
On concurring in report of committee on House Bill No. 132 368
On passage of Senate Joint Resolution No. 2 380
On suspension of constitutional rule on Senate Bill No. 85 381
698
AYES AND NOES— Continued.
On motion by Mr. Kimball 384
Oh laying House Bill No. 129 on table 385
On motion by Mr. Walker 3g5
On motion by Mr. Walker 387
On passage of Senate Bill No. 8.5 388
On passage of House Bill No. 3 395
On suspension of constitutional rule on Senate Bill No. 141 399
On passage of Senate Bill No. 141 400
On passage of House Bill No. 115 _ 406
On passage of House Bill No. 118 „ _ 408
On passage of House Bill No. 128 „ 409
On passage of House Bill No. 56 _ „ 410
On motion by Mr. Lenfesty 413
On passage of House Bill No. TS „ _ _ 414
On passage of House Bill No. 151 415
On passage of House Bill No. 152 „ 4I6
On suspension of constitutional rule on Senate Bill No. 1 417
On passage of Senate Bill No. 1 418
On suspension of C( nstitutional rule on Senate Bill No. 51 _ 420
On passage of Senate Bill No. 51 421
On suspension of constitutional rule on Senate Bill No. 52 422
On passage of Senate Bill No. 52 „ 423
On passage of House Bill No. 1U3 „ 430
On passage of House Bill No. 90 „ 433
On passage of House Bill No. 61 „ „ 434
On passage of House Bill No. 112 _ _ „ 135
On passage of House Bill No. 198 _- „ _ _ 444
On suspension of constitutional rule on House Bill No. 2 „ „ 452
On passage of House Bill No. 2 452
On laying House Bill No. 121 on the table „ 457
On suspension of constitutional rule on Senate Bill No. 5 , 460
On suspension of constitutional rule on House Bill No. 230 461
On suspension of constitutional rule on Senate Bill No. 68 „ 469
On passage of Senate Bill No. US 464
On passage of House Bill No. 172 466
On passage of Senate Bill No. 5 474
On suspension of constitutional rule on House Bill No. 235 476
On passage of House Bill No. 2.35 476
On suspension of constitutional rule on House Bill No. 249 486
On motion by Mr. Walker 493
On suspension of constitutional rule on Senate Bill No. 145 . .. 494
On amendment to Senate Bill No. 145 495
Wn suspension of constitutional rule on Senate Bill No. 118 602
On passage of Senate Bill No. IIS _ 503
On suspension of constitutional rule on Senate Bill No. 45 „ 517
On passage of Senate Bill No. 45 ^ ^ 518
On suspension of constitutional rule on House Bill No. 257 520
On passage of House Bill No. 257 — 521
On suspension of constitutional rule on. House Bill No. 258., 522
On passage of House Bill No. 25S 623
On passage of House Bill No..ll3 .„ 525
On passage of House Bill No. 130 526
On passage of House Bill No. 14.S _ 627
On passage of House Bill No. 227 529
On passage of House Bill N». 138 _ 530
On passage of House Bill No. 198 „ _ 531
On passage of House Bill No. 1-33 532
On passage of House Bill No. 174 533
On suspension of constitutional rule on Senate Bill No. 40 534
On passage of Senate Bill No. 40 — „._ — 535
On passage of House Bill No. 177 — ~ — 536
699
AYES AND NOES— Continued.
On passage of Honse Bill No. 66 637
On passage of House Bill No. 171 538
On suspension of constitutional rule on House Bill No. 241 540
On passage of House Bill No. 241 541
On motion of Mr.Branham 54.'?
On passage of House Bill No. f>6 545
On concurring in report of committee on Senate Bill No. 1^4 547
On passage of House Bill No. 136 548
On motion by Mr. Offutt 551
On motion to adjourn 553
On motion by Mr. Troutman 554
On laying Senate Bill No. 14G and. House Bill No. 2C0 on the table 555
On motion by Mr. Edwards 666
On suspeusion of constitutional rule on Senate Bill No. 45 564
On passage of Senate Bill No. 45 565
On suspension of constitutional rule on Senate Bill No. 2 566
On suspension of constitutional rule on Senate Bill No 87 569
On passage of Senate Bill No. S7 570
On passage of House Bill No. 185 571
On passage of House Bill No. 107 573
Ou passage of House Bill No. 170 575
On passage of House Bill No. 214 577
On passage sf House Bill No. 178 '. 578
On passage of House Bill No. 179 579
On passage of House Bill No. 187 581
On passage of House Bill No. 188 583
On passage of Honse Bill No. 210 585
Ou passage of House Bill No. 211 585
Ou passage of House Bill No. 215 587
On passage of House Bill No. 76 500
On motion of Mr. Wilson 592
On passage of Senate Bill No. 146 596
On motion of Mr. Cauthorn 597
On concurring in report of committee on claims 601
On concurring in report of committee on claims.... 602
On concurring in report of committee on claims 604
On concurring in the report of the committee on claims 607
Ou concurring in the report of the committee on claims 610
On motion of Mr. Cauthorn 611
On motion of Mr. Miller 613
On passage of House Bill No. 259 616
On passage of Senate Bill No. 54 |J19
On motion of Mr. Cobb 620
On passage of Senate Joint Kesolution No. ■'5 622
On suspension of constitutional rule on Senate Bill No. 106 625
On passage of Senate Bill No. 106 626
On suspension of constitutional rule on Senate Bill No. 116 628
On passage of Senate Bill No. 115 629
On suspension of constitutional rule on House Bill No. 200 632
On passage of House Bill No. 2.30 626
On passage of concurrent resolution 642
On suspeusion of constitutioual rule on Senate Bill No. 165 647
On passage of Senate Bill No. 165 647
.\NDERSON, CHABLES W—
Appeared and sworn in 4
Bills introduced by 650
Committee appointed on, standing , 62, 63
Committee appointed on, select 102
700
B
BAKER, CONRAD, GOVERNOR—
Proclamation by 3
Biennial message 24
Messages from 138, 140, 151, 233, 245, 314, 405, 406, 499, 666
BAKER JOSEPH—
Appeared and sworn in 4
Bills introduced by 297
Committees appointed on, standing 62, 63, Gt
Committees appointed on, select 56, 366
Resolutions ofered by 325, 358
Motions made by 317, 328, 341, 342, 364, 448, 668
Claims presented by 218
BARRETT, STENSON J—
Appeared and sworn in 4
Bills introduced by 118
Committees appointed on, standing 62, 64
Resolutions offered by 14'3, 147
Petitions presented by 147
•BARKER, JAMES—
Appeared and sworn in 6
BAXTER. WILLIAM—
Appeared and sworn in S
Bills introduced by 90, 121, 122, 361
Committees appointed on Standing 63, 65
Committeess appointed on Select 58, 290, 631
Reports made by 173, 4i8, 449
Motions made by 17
Petitions presented by 121, 166, 488, 651, 652
Joint resolutions introduced by 286
BILLINGSLEY, JOHN J. W.—
Appeared and sworn in P
Bills introduced by 124, 180, 393, 651
Committees appointed, standing G2, 63, 64
Committees appointed, select 113
Reports made by 316, '3'j'6
Resolutions offered by 21, 83
Motions made by 181, 285, 496, 559, 628
Petitions presented by 179
BLOCHER, DANIEL.—
Appeared and sworn in 4
Committees appointed on, standing 62, 64
Motions made by 301, 573
BOWSER, JEFFERSON C—
Appeared and sworn in 4
Bills introduced by 72, 99
Committees appointed on, standing 63, 65
Committees appointed on, select 90
Resolutions offered by „ 295
Motions made bj , „ 385, 644
701
BBANHAM, DAVID C—
Appeared and sworn in S
Bills introduced by 74, 104, 107, 163, 230, 29$
Committees appointed on, standing 61, 62, 63, 65, 366, 60S
Reports made by 66, 217, 641
Resolutions offered by 58, 122, 59t
Motions made by 19, 23, 63, 58, 67, 75, 153, 22-3, 246, 257, 280, 317, 33«
344, 395, 3»9, 412, 428, 429, 433, 457, 4«S
507, 624, 542, 559, 566, 689, 633, 642, 6S1
Joint Ursolutions intr»duced by 322
Petitions presented by 107, 160
BUTTS, MATTHEW L.—
Appeared and sworn in - S
Bills introduced by 29'*
Committees appointed on, standing 61, 63, Ci
Committees appointed on, select 366, 424, 60*
Resolutions offered by IW
Motions made by 31T
Claims presented by 260
BROADDUS, WARNER H.—
Appeared and sworn in *
Bills introduced by 296
Committees appointed on, standing 62, 83, 64
Committees appointed on, select 102, 2*S
Reports made by 138, 216, 251, 255, 261, 271, 357, 413, 445, 5J9
BVSKIRK, CLARENCE A.—
Appeared and sworn in (
Bills introduced by 74, lOS
Committees appointed on, standing 61, 6S
Committee appointed, select 232
Reports made by 133, 260, 345
Resolutions offered by 376
BUTT.*, NATHAN T.—
Appeared and sworn in 8
Bills introduced by 89, 320, 364. 379
Committees appointed on, standing 62, 63, 84
Resolutions offered by - 20, 89, 124
Motions made by 102
BUTTERWORTH, WILLIAM W.—
Appeared and was sworn in 6
Bills introduced by..... 22, 221
Committees appointed on, standing 62, 63, 65
Committees appointed on, select 50, 90
Reports made by 115, 233
Resolutions offered by 15, 398
Motions made by 85, 195, 227,251,355,417,437
Petitions presented by 88
c
tJAUTHOKN, HENRT S.—
Appeared and was sworn in S
Bills introduced by.. 123, 176, 251, 286, 424, 485, 643
702
CAUTHORN, HENRY S.— Continueil.
Committees appointed on, standing 61, 63
Committees appointed on, select 15, 16, 24, 90, 102, 225, 231, 667
Reports made by 57, 115, 132, 201, 315, 347, 348, 014, 615
Resolutions otTered by 14, 16, 20, t>0, 70, 78, 123, 163, 175, 183, 313, 359, 432
Motions made by 7, 21, 55, 56, 117, 135, 137, 156, 176, 189, 205, 225, 252, 253
336, 340, 341, 365, 420, 422, 423, 429, 466, 496, 498
504, 520, 522, 542, 5-52, 550, 582, 597, 611, 612, 636
Nominated for Speaker 8
Voted for as Speaker 8
Joint resolutions introduced by 326
Claims presented by 343
CLARK, NATHAN H.—
Appeared and was sworn in 5
Bills introduced by 159, 651
Committees appointed on, standing 62, 63, 05
Reports made by 217
Resolutions offered by .'. 21, 377
Motions made by 598
Claims presented by 229
Petitio]is presented by 355, 482, 645
CLAYPOOL, HORATIO K.— ' "
Ajipeared and sworn in 5
Bills introduced by 482
Committees appointed on, standing 61, 63, 65
Reports made by 135, 215, 352
Resolutions offered by 174, 656
Motions made by 540
CLINE, JOHN M.—
Appeared and sworn in 4
Bills introduced by .'w5
Committees appointed ou, standing 64
Motions made by 137, 147
COBB, BUELL M —
Appeared and sworn in 6
Bills introduced by 121, 329, 377
Committees appointed on, standing 62, 63, 65
Committees appointed on, select. 102, 366, 667, 672
Reports made by 116, 224, 269, 270, 372, 373, 479, 600
Resolutions offered by 483, 610, 671
Motions made by 201, 382, 5C8, 608, 620, 670, 671
COFFMAN, STUART P.—
Appeared and sworn in 6
Committees appointed on, standing 62, 6'i
Committees appointed on, select 50, 118
COLE, JAMES W.—
Appeared and sworn in fi
Bills introduced by 88, 321
Committees appointed on, standing 62, 63
Committees appointed on, select 90, 212
Reports made by 394
Motions made by 504
Petitions presented by 207
703
COWGILL, C^..^i VT.-
Appeared and sworn in ,...™ - 6
Billa introduced by 89, 221
Committees appointed on, standing ^ 61, 62, 63
Committees appointed on, select 667
Reports made by 135, 171, 271
Motions made by 77
CRUMPACKER, THEOPHILUS—
Appeared and sworn in , 6
Committees appointed on, standing „ 61, 04
Committees appointed on, select .79, 102, 179
X)
DIAL, STEPHEN D.— °
Appeared and sworn in 130
Committees appointed on, standing 02, Oft
Reports made by 607, 608
DURHAM, JESSE G.—
Appeared and sworn in 5
Committees appointed on, standing 62, 64
Committee appointed oa, select 102
EATON, KESON B.—
Appeared and sworn in , ., 0
Committees appointed on, standing 62, 63, 65
Committee appointed on, select 24
Motions made by „ 557
EDWARDS, WILLIAM K., of Vigo.—
Appeared and sworn in ...., 6
jl — Jforainated for Speaker S
Elected Spealier 8
Bills introduced by 228, 229, 370
Motions made by 625
EDWARDS WILLIAM H., of Lawrer.ce—
Appeared and sworn in , 5
Committees appointed on, standing 61
Committees appointed on, select 90, 113, 424, 668
Bills introduced by „ 123, 179, 3(>0
Reports made by 215, 352, 366, 440, 546
Resolutions offered by 82, 108
Motions made by .». 511, 556
Joint resolutions introduced by , 82
ELLSWORTH, WILLIAM M.—
Appeared and sworn in 6
Bills introduced by 73, 100, 350
Committees appointed on Standing 62
Committees appointed on Select 113
Resolutions offered by 173
Petitions presented by 48 J
704
EWAKD, JOHN W.-
Appeared and sworn in „ „ 6
Committees appointed on Standing „..62, 64
FURNAS, ALLEN—
Appeared and sworn in 5
Bills introduced by „ 64, 93
Committees appointed on Standing G2, 63, 65
Committees appointed on Select _ IS
Reports made by 117, 118, 137, 171, 316, 392
ReHolutions offered by 15, 57, 207, 224
Motions made by „..8, 11, 61, 65, 95, 231, 571
Petitions presented by 159, 231, 297, 355, 652
GIFFORD, WILLIAM H.—
Appeared and aworn in , _, t
Bills introduced by „ 118, 358, 431
Committees appointed on. Standing _ 12, 63, 64
Committees appointed on, Select 11*
Reports made by 116, 136, 242, 316, 317, 356, 446, 472
Motions made by %, 157, 183, 410, 644
Petitions presented by 618
GIVAN, NOAH S.—
Appeared and sworn iu S
Bills introduced by 52, 73, 101, 119, 296, 481
Committees appointed on, standing 62, 64
Reports made by 135
Resolutions offered by 218
Motions made by 19, 223, 329, 343, 395, 441, 626, 623, 636
Claims presented by 25*
GLAZEBROOK, L. DOW—
Appeared and sworn in 5
Bills introduced by 300, 378
Committees appointed on, standing ; 62, 63
Committeet appointed on, select 79, 470
Reports made l)y 144, 344,544
Resolutions offered by 2$
Petitions presented by 108,211
GLASGOW, EUGENIUS B.—
Appeared and sworn in S
Bills introduced by 110, 321
Committees appointed on, standing 61, 64
Committees appointed on, select 90
Reports made by 134, 443, 444
Motions made by 594
Petitions presented by 3M
GOBLE, ISRAEL—
Appeared and sworn in 5
Committees appointed on, standing 61, 64
Committees appointed on, select 296, 470
705
GOCDIE, GEORGE—
Appeared and sworn in 4
Committeee appointed on, standing 62, 65
Committees appointed on, select 90, 102
Motions made by 288
GREGORY, ROBERT—
Appeared and sworn in , , 6
Bills introduced by 212, 222
Committees appointed on, standing at, 64, 65
Committeee appointed on, select 113, 212
Reports made by 143, 277, 427
Resolutions offered by 67, 91, 243
Motions made by 73, 277, 282, 351
Claims presented by , .' 307
GRONENDYKE JOHN—
Appeared and sworn in 6
Bills introduced by 181
Committees appointed on, standing 01, 62, 63
Committees appointed on, select 56
Claims presented by 487
HATCH, JETHRO A.—
Appeared and sworn in 5
Bills introduced by 22,320,511
Committees appointed on, standing 62, 64
Committees appointed on, select 79, 90, 212
Reports made by 169, 44-5
Resolutions offered by 181
Petitions presented by 250
HARDESTY, JOHN 0.—
Appeared and sworn in 10
Committees appointed on, standing 62, 65
Committees appointed on, select 50, 232
Bills introduced by 82, 109, 300
Resolutions offered by 21, 55, 59, 232
Motions made by 17, 21, 615
HEDRICK, JOHN F.—
Appeared and sworn in 5
Bills introduced by 159
Committees appointed on 62
Reports made by 335, 478, 479, €06
Reports made by 170, 216, 217, 470, 471
Petitions presented by 297, 377, 48J
HELLER, MAHLON—
Appeared and sworn in 4
Bills introduced by 480
Committees appointed on, standing 63, 64
Committees appointed on, select 56
Resolutions offered by 72
Motions made by 79, 233, 375
H. J.— 45
706
HENDEKSON, JOSEPH-
Appeared and sworn in g
Bills introduced by g4 321
Committees appointed on, standing 02 64
Coramittfes appointed on, select 15^ 90 113. 179
Eeports made by 212
Motions made by I49
Petitions presented by 85, 117, 49
nOLLISGSMORTH, ELISHA—
Appeared and sworn in 6
Bills introduced by 93, 110, 321
Committees appointed on, standing 61, 62
Committees atipoiuted on, select 90
Eesolufions offered by 126, 181, 449
Motions made by 41
Petitions presented by , 351, 652
HOYER, ADAM G.—
Appeared and sworn in 6
Committees appointed on, standing 62, 63, 64
Reports made by 133
ISENHOWER, JOUN R.—
Appeared and sworn in , 5
Bills introduced by 74, lOS, 120, 175, 297
Committees appointed on, standing 61, 63, Ci
Committees appointed on, select 102
Reports made by 441
JOHNSON, EDWARD T.—
Appeared and sworn in 6
Bills introduced by 83, 124, 1U5, 180, 220, 278, 484, 485
Committees appointed on, standing 61, 64
Committees appointed on, select., 24, 668
reports made by 133, 211, 210, 260, 351, 357, 370, 442
Petitions presented by 164
Clfiims presented by •• ISO, 278, 581
JCH5v'S0K, DOYS E.—
Nominated for Principal Clerk 10
Voted for as Principal Clerk H
JOKES, THOMAS M.—
Appeared and sworn in 5
Bills introduced by 31", 652
Committees appointed on, standirg 63, 64
Petitions presented by 313
707
KIMBALL, NATUAX—
Appeared aud sworn in G
Hills irtroduccil by 51, 8:-l, IS'J, 208, 220, 2t;5, 2.'^3, 300, 524
Committees appointed on, standing Gl, G3, ti5
Committees appointed on, select 15, 9(1, 225, 300, 5(;i, 5e2, COS
Keports made by ?M2, 326, 374, 398, 427, 45fi, 524, 525, G15
Kesohitions offered by 19, 20(1, 218, 25G, 562, 068
Nominations made by 8, 10, 11, 13, 1G9
Motions made by 94, 95, 245, 205, 260,
319, 346, 348, 377, 381, 383, 384, 385,
397, 399, 415, 416, 550, 559, 561, 595,
597, 593, 61-2, 015, 610, G4'i, 646, 668
Joint Kesolutions introduced by 52
Claims presented by 22(i, 230, 468
KING, EDWAKD-
Appearcd and sworn in 6
Bills introduced by 83, 84, li:4, 125, 230
Committees appointed on, standing 63
Committees appointed on, select 24, 102, 424
lleports made by ITO, 271, J48, 473
Kesolutions oftcred by K'S, V14 , 212
ifotions made by 119, 15') 22i, 283, 035, 036
Claims presented by .,.„.,., 219, 360
Petitions presented by 3G0
KIRKPATEICK, THOMAS M.—
Appeared and sworn in 5
Bills introduced by 104, 432
Committees appointed on, standing ...62, 64
Committees appointed on, select 5G
Resolutions offered by 104, 207
Motions made by 024
LEE, PATRICK H.—
Appeared and sworn in 6
Committees appointed on, standing 62, 65
Committees appointed on, select 10, ITS
Motions made bj' 51
lENFESTY, EDWARD S.—
Appeared and sworn in 5
Bills introduced by 73, 103, 120, 208, 219, 650
Committees apijointcd on, standing 62, 64
Reports made by 115, 2oS, 209, 274, 275, 478, 601, 607, 009, 631
Resolutions offered by 51, 103, 663
Motions made by 12, 117, 109, 377, 396, 407, 413, 461, 494, 589, 021
Petitions presented by 120, 445
Claims presented by 106
LENT, GYRUS V. N.—
Appeared and sworn in , C
P>ill8 introduced by.; , 486
Committees appointed on, standing 62, &j
708
OCKHART, W. THOMAS—
Nominated for Doorkeeper , 15-
Elected Doorkeeper „ S
3S^
MABTIN, MARQUIS L.—
Appeared and sworn in 4
Bills introduced by 77, 481
Committees appointed on, Standing 61, 64, 65
Joint resolutions introduced by 376
McCONNELL, JOHN M.—
Appeared and sworn in 4
Committees appointed on. Standing 62, 63, 6£
Committees appointed on Select 671
Motions made by 470, 59G
McKINNT, JAMES A.—
Appeared and sworn in 5
Committees appointed on, Standing , 64
McLAIN, MOSES G —
Nominated for Assistant Clerk , 11
Elected Assistant Clerk 11
MELLETT, ARTHUR C—
Appeared and sworn in 10
BillB introduced by 22, 82, 120, 221, 329, 468, 571
Committees appointed on, Standing 62, 63, 84
Committees appointed on, Select 50
Reports made by 222, 279, 315, 394, 449, 50i
Resolutions offered by 218
Motions made by 468, 571, 621, 632
Petitions presented by 257
MESSAGES FROM SENATE—
Announcing organization 15
Announcing appointment of Committee to wait on the Governor 19
Announcing passage of concurrent resolution Ill
Announcing passage of House Bill No. 33 112
Annoxincjng signature of House Bill No. 33 12$
Announcing passage of House Joint Resolution No. 5 125
Announcing adoption of joint rules 140
Announcing passage of concurrent resolution of House 193 ,
Announcing passage of concurrent resolution of Senate 202
Announcing passage of Senate Joint Resolution No. 1 222
Announcing signature of House Joint Resolution No. 5 22T
Announcing passage of Senate Bill No. 8 230
Announcing passage of concurrent resolution 272
Announcing passage of Senate Bill No. 65 260
Announcing passage of House Bill No. 22 294
Announcing passage Bills Nos. 38, 124, and House Bills Nes. 92, 98 - 336
Announcing Biguature of House Bill No. 22 34'i
Announcing signature of Senate Bill No. 65 366
Announcing passage of Senate Joint Resolution No. 2 359
Announcing passage of Senate Bill No. 85 • '67
709
SraSSAGES FKOM SENATE— Continued.
Anuounciug signature of House Bills Nos. 98, 92 374
Returning Senate Bills Nos. 8, :W, 124 390
Announcing passage of Senate Bills Nos. 51, 52 391
Announcing passage of Senate Bill No. 141 390
Announcing passage of Senate Bill No. 1 41]_
Announcing passage of House Joint Resolution No. 2 411
Returning Senate bill No. 85 and Senate Joint Resolution No. 2 43I
Announcing passage of House Bill No. 70 _..__ 43I
Announcing concurreuce of Senate in House amendments to Senate Bill No. 1 417
Returning Senate No. 141 to House 44(j
Announcing passage of Senate Bills Nos. B, 3, 68. 134. 5, 10, and House Bill No. 37 453
Announcing passage of Senate Bill No. 88 455
Announcing passage of Senate Bill No. 115 anil House Bill No, 49 46T
Announcing concurrence of Senate in House amendments to Senate Bill No. 5 485
Announcing passage of House Bill No. 32 488
Announcing signature of House Bills Noa. 37. 49, 70, and House Joint Resolution No. 2... 489
Announcing passage of Senate Bills Nos. 2, 159, 59, 145, 118, 45, and House Bill 119 492
Returning Senate Bill No. 1 490
Returning Senate Bills Noet 68, 5, 51, 52 49I
Announcing passage of Senate Bill No. 87 „ 500
Announcing passage of House Bill No. 73 512
Announcing signature of Senate Bills 51, 52, 5, 68, and House Bill 32 5I4
Announcing passage of Senate Bills Nos. 14S, 40, 54 515
Announcing passage of Senate Bill No. 45 and House Bill No. 257 544
Announcing signature of Senate Bill No. 45 549
Returning Senate Bill No. 118 549
Announcing signature of House Bills Nos. 254, 73 55I
Announcing passage of House Bill No. 163 5(31
Announcing passage of resolution in regard to Senate Bill No. 45 562
Returning Senate Bill No. 45 563
Announcing passage of concurrent resolution 582
Announcing passage of House Bills No 90, 93 584
Announcing signature of House Bill No. 119 and S&nate Bill No. 45.. 684
Returning Senate Bill No. 40 589
Announcing refusal of Senate to concur in House amendment to Senate Bill No. 145 891
Announcing passage of Senate Bill Nos. 150, 172 and House Joint Resolution No. 7 591
Announcing passage of Senate Bill No. 151 593
Announcing passage of House Bill No. 134 594
Announcing signature of House Bill No. 95 604
Announcing concurrence in House amendments to Senate Bill No. 146 605
Announcing passage of House concurrent resolution 605
Announcingpassageof Senate Bills Nos. 166, 48, 15, 165, Senate Joint Resolution No. 3 and
House Bill No. 227 617
Returning Senate Bills Nos. 3, 87 627
Announcing passage of Senate Bill No. 57 627
Announcing passage of House Bill No. 148 6-30
Announcing refusal of Senate to concur in House amendments to Senate Bill No. 166 630
Returning Senate Bill No. 146 631
Announcing passage of House Bills Noa. 185, 235 638
Returning Senate Bill No. 54 638
Announcing passage of Senate Bill No. 71 643
Announcing signature of House Bills Nos. 90, 134, 172, 227, 185, 235, and House Joint
Resolution No. 7 645
Announcing concurrence of Senate in House amendments to Senate Joint Resolution No. 3 646
Announcing siguature of House Bill No. 163 649
Announcing signature of House Bill No. 148 651
Returning Senate Bill No. 151 656
Returniug Senate Joint Resolution No. 3 657
Announcing passage of House Bill No. 259 658
Announcing action of Senate on Senate Bill No. 166 664
Announcing passage of House Joint Resolution No. 3 665
Returning Senate Bills Nos. 165, 145 665
710
MESSAGES FBOJI SENATE— Contimied.
Announcing p<aSEage of .concijVT'ent rcBolution .■ f6
Annonncing pagsage of concurrent resolution 66&-
Keturnining Senate Bill No. 1C6 669
Announcing signature of House Bill No. 259 and Senate Bill No. IGC 679-
Announcing close of business for present session 671
IMILLEE, JOHN U.—
Appeai'ed and sworn in 4
Bills introduced by 73, 119, 174
Committees appointed on, standing 62, 64, 112
Committee appointed on, select 50
Keports made by 114, 131, 210, 259, 270, 349
360, 370, 446, 447, 539
Eesolutions offered by 119, 285, 482.
Motions mar^.e by 153, 246, 271, 440, 484, 612, 637, 66S
Petitions presented by ! - 297
MORTON, OLIVER P.—
Nominated for United States Senator 201
Elected United Statas Senator ;. 201
j::T
NIXON, CYRUS T.
Nominal ed for Principal Clerk , 10
Elected Principal Clerk 10
NORTH, BENJAMIN—
Appeared and sworn in 6
Bills introduced by , 220
Committees appointed on, standing 63, 64
o
ODLE, RICHARD G.—
Appeared and sworn in, 6
Bills introduced by _ 89
Committees appointed on, standing 61, 63
Motions made by 463
OFFUTT, CHARLES G.— . ' " •
Appeared and sworn in 5
Bills introduced by 104, 156, 245
Committees appointed on, standing 61, 64
Committees appointed on, select 15, 90, 424, 667, 668
Reports made by 57, 134, 443, 456
Resolutions offered by 15,482,662
Motions made by 21, 90, 177, 250, 375, 432, 480, 551
OGDEN, JESSE S.—
Appeared and sworn in 6
P>ill8 introduced by ,....2;il, 273, 187
Committees aiipointod on, standing 61, 62, 63
Oon.mitteos appointed on, select 24, 58
Report: made by 94, 132, 172, 211, 258, 273, 348, 348. 355, 4.39, 471
Motions made by 93, 273, 4t;, 462, 533, 534
711
PEED, HENRT A.—
Appeared .ind sworn iu &
Bills iutroiluced by ;22, Sf.. lii!, 318, 378, 484
Committees appointed on, standing 61, 63, 64
Committees appointed on, select 621
Keports made by 451, 03:5
Resohitions offered by 85, 180
Motions made by 451, 474
Claims presented by 528, 580
PFRIMMKK, WILLIAM H.—
Appeared and sworn in 5
Bills ina-odiiced by Ti, 104, Z2S
Committees appointed on, standing 62, 64
Eeports made by 216
'Eesolutions offered by 157, 663
PKENTISrf, V/ILLIAM—
Appeared and sworn in 5
Bills introduced by 651
Committees appointed on, standiag 53, 64, 65
Petitions presented by 669
RENO, JESSE H.—
Appeared and sworn in , 6
Bills introduced by 92
Committees appointed on, standing 52, 63, 64
REEA'ES ANDREW W.—
Appeared and sworn in „ 6
Committ«es appointed on, standing 63, 64, 65
Reports made by 217, 276, 447, 448
Resolutions offered by 126
Petitions presented by 318
^JOHARDSON, JOHN P.—
Appeared andsworn in 4
Bills introduced by 245
Committees appointed on, standing CS
Committees appointed on, select 90, 90, 232
Reports made by 173 35g
Resolutions otfered by 99
Nominations made by 8, lo, 17, 13
Motions made by , 222, 440,471
RIGGS, AMES D.—
Appeared and sworn iu 6
Bills jntrodyced by 88, 165, 322, 379, 487
Committees appointed on, standing 61, 62, 64
Committees appointed on, select 90
Reports made by 209, 266, 267, 370, 371, 699, GOO, 602, 603
Claims presented by - „ 488
712
BUDDER, JAMES—
Appeared and sworn in 6
Bills introdcced by ; 322
Committees appointed on, standing 62
Motions made by 502
BUMSEY, JOHN E.—
Appeared and sworn in 5
Bills introduced by 121
Committees appointed on, standing .62, 64, 65
Committees appointed on, select 232
Reports made by 68, 355
Eesolutions offered by 59 147 175
Motions made by 225 232
s
3ATTEBWHITE, HARVEY—
Appeared and sworn in 6
Bills introduced by 125, 318, 360
Committees appointed on, standing 61, 64
Committees appointed on, select 16
Reports made by 20, 353, 444, 470
Resolutions offered by., 15, 319
Motions made by 428, 433
Petitions presented by 486
SCHMUCK, GABRIEL—
Appeared and sworn in 8
Bills introduced by 85, 487
Committees appointed on, standing 63, 64
Committees appointed on, select 118
Resolutions offered by 157
Motions made by 165, 636
Petitions presented by 320
SCHELL, FRANK M —
Nominated for Doorkeeper 13
Voted for as Doorkeeper 14
SCOTT, DAVID S.—
Appeared and sworn in 5
Committees appointed on, standing 63, 64, 65
Resolutions offered liy 174
Motions made by "480
SHIRLEY, 'WILLIAM S.—
Appeared and sworn in 6
BilU introduced by 23, 58, 59, 76, 77, 78, 125, 223,318, 360, 361, 468
Committee appointed on, Standing 61, 62, 63, 112
Committees appointed on. Select 50
Reports made by 114, 158, 205, 211, 351, 439, 443, 546
Resolutions offered by 50,147, 156, 181, 397, 458
Motions made by 51, 76, 166, 383, 387, 474, 664
Joint resolutions introduced by 16
Claims presented by 580
713
SHtJTT, SAMUEL S.—
Appeared and sworn in 5
Committees appointed standing , 62, 64
KeportB made by 267, 268, 372, 609
Motions made by ,, 666
Claims presented by 290, 482
SMITH, WALTER B.—
Appeared and sworn in 6
Bills introduced by 88, 110, 221
Committes appointed on, Standing 65
Besolutious ofi'ered by 87
Motions made by 635
SPELLMAK, SAMUEL D.—
Appeared and sworn in t>
Committee appointed on, standing 62
STANLEY, HENRY C—
Appeared and sworn in 6
Committees appointed on, standing 62, 65
STRANGE, WILLIAM—
Appeared and sworn in 4
Bills introduced by 109, 438
Committees appointed on, standing 62, 64
Committee appointed on, select 90
Petitions presented by 342
T
TEBBS, GEORGE B.—
Nominated for assistant clerk 11
Voted for as assistant clerk 12
TESTER, GEORGE H.—
App»ared and sworn in 5
Bills introduced by 484
Committees »ppointed on, standing 62, 64
Committee appointed on, select 179
Petitions presented by 123
Joint Resolutions introduced by 299
THAYER, JOHN D.—
Appeared and sworn in 5
Committees appointed on, standing 62, 63
Committees appointed on, select 50, 644
Resolutions offered by 650
Motions made by 486
Nominations made by 201
THOMPSON, JOHN E. (Elkhart)—
Appeared and sworn in 5
Bills introduced by , 74, 159, 218
Committees appointed on, standing „ 63, 64
714
THOMPSON, JOHN E.— Continued.
Committees appointed on, select „..„„„ „.,~..„. 672
Reports made by 373, 652, 672
Eesolutions offered by 672
Motions made by 475
Petitions presented by 120, 654:
TH03IPS0N, WILLIAM (Spencer)— ■ ' ' •
Appeared and sworn in ^
Committees appointed on, standing 63, 64
TINGLEY, BENJ. E.—
Appeared and sworn in 6
Bills introduced by 126
Committees appointed on, standing CI, 63
Petitions presented by 651
TBOUTMAN, PETER L.—
Appeared and sworn iu 5
Bills introduced by ., 102
Committees appointed cu, standing 61, 64, 6»
Committees appointed on, select , ITS'
Resolutions offered by 59, 483, 51»
Motions made by 651, 558
Tt?LLEY, CYRUS B.—
Appeared and sworn in 6
Bills introduced by 18-2
Committees appointed on, standing 61, 65
Committees ajipointed on, select 56
Resolutions offered by 663
Motions made by 43S, 469
■w
■WALKER, LOUIS G.—
Appeared and sworn in 6
Bills introduced by 110, 16fi, 181, 182, 231, 251, 280, 468
Committees appointed on, standing 61, 64
Committees appointed on, select 24, 50, 296,432, 631, 644
Reports made by 68, 69, 113, 116, 130, 131, 205, 209, 315, 344, 345, 366, 392, 438
Resolutions offered by ..14, 16, 22, 60, 329, 397, 432
Motions made by 67, 112, 167, 326, 386, 3S7, 420, 461, 462, 469, 493, 495,496
559, 562, 611, 620
Claims presented by , .' 488
WESNER, CHRISTIAN S.—
Appeared and sworn in 4
Bill'5 introduced by 228, 229, 245, 295, 375, 480
Committees appointed on, standing 62, 64
Committees appointed on, sel'ct 66
Motions made by : 496, 578
Petitions presented by , 328
715
WHITWORTH, JAMES W —
Appeared (ind tjworn iu 6
Bills introduced by 320, 487
Committer appointed ou, eelect 50
AVILLARD, JAJIES H.— '
Appeared and sworn in 5
Bills introduced by 10], 296
Committees appoiuted on, standing 61, 04
Committees appointed on, select 50, 90, 102
Eeports made by 136, 311
Itetolutions offered by 102
• Motions made by 117, 137, 317, 363
Petitions presented by 376
WILLIAMS, JAMES P.—
Nominated for United States Senator 201
Voted for as United States Senator 201
WILSON, ABEAHAM— (Jay and Blackford.) '
Appeared and sworn in S-
Committees appointed ou, standing 61, C4
^ Committees appointed on, select 102
WILLSOK, WILLIAM D. (of Ripley)—
Appeared and sworn in 5
Bills introduced by 7C, 77, 108, 175, 20S, 377
Committees appointed on, standing .*. 61, 64
Committees appointed on, select 56, 621, 667
Kosolutions offered by 65t>
Eeports made by 114, 132, 243, 259, 346, 347, 367, 368, 461, 576
Motions made by ■. 74, 76, 77, 80, 397, 407, 488, 490, 592, 650
WOOD, MAETIN—
Appeared and sworn in S
Bills introduced by ifO, 108, 179, 2es
Committees, appointed on, standing 62, 64, 65
Committees appoiuted on, select 56, 90, 179
Motions made by 79, 144, 465, 514
Petitions presented by 483
WOODARD, JOHN E.—
Appeared and sworn in (>
Bills introduced by ; , 85, 109, 221, 318
Committees appoiuted on, standing C2
Committees appointed on, select 24, 118, 470
Reports made by 353, 394
Eesolutlons offered by 50, 58, 93, 220, 256, 301, 426, 469, 544
Motions made by 10, 50, 111, 214,409,411,460, 517, 672
Petitions presented liy 257
WOLFLIN, GEORGE—
Appeared and sworn in , , 6
Bills introduced by , 520, 522
Committees appointed on, standing 64
Committees appoiuted on, select 56
Eeports made by 277
Eesoiutions offered by 51, 127, 156
Jklotions made by , „.., 630
V
716
"WOOLLEN, THOMAS W.— '
Appeared and sworn In ,.,., 5
Bills introduced by 76, 483, 611
Committees appointed on, standing 61, 62
Committees appointed on, select 561, 562, 66T
Keports made by 158, 210, 282
Kesolutions offered by 107,324, 424
Motions made by 428, 561, 563, 564, 567
Komiuatious made ky , 201
WTNN, JAMES M.—
Appeared and sworn in 5
Bills introduced by 122, 468
Committees appointed on, standing 82, 64
lieports made by 275
Kesolutiona offered by 255
Motions made by ,... 122
Claims presented by 16S
^*^
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